Asked in Copyright, Intellectual Property and Trademark for California

Q: Graphic illustration for t-shirt.

Hello,

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car (without logo). So basically it would be a bit different.

So I'd like to ask if this is legally fine, how much different the car needs to be and who should I contact about it? I contacted Lamborghini customer support, asking to forward my request to responsible person. But they were not helpful at all and didn't proceed further with my issue.

Any advice on how to proceed further?

Thank you.

1 Lawyer Answer
Robert P. Cogan
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Answered
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.

I do not know the answer on how to proceed with Lamborghini. However, my guess is that you can't. If Lamborghini wants to give a license, might they not want to give it to an established manufacturer who has a distribution chain. How much money could they make off of your license?

However, you could consult with an intellectual property attorney to see where you might be able to get close to the line but not go over it.

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