Q: Can I get sued over my tshirt designs?
I started my print on demand business where I make designs and these guys print it ship it etc.. and i get a %. I was wondering if I can get sued because first picture has soccer players heads , other has soccer player last name and back picture with animated cartoon style , and third has shade of his face thats animated too. I asked some people they said go ahead.
I asked irl supporters group that made similar and they said that club warned them but never took legal action, Similar designs can be found on etsy but in my case I don't use etsy and I'm gonna promote it on biggest soccer news page for the club.
A:
I can offer some general information about copyright and trademark issues related to your situation:
1. Player likenesses: Using recognizable images of soccer players, even if animated or stylized, could potentially infringe on their right of publicity or image rights. Professional athletes often have strict control over how their images are used commercially.
2. Player names: Using player names, especially on merchandise, could potentially infringe on trademark rights if those names are registered trademarks.
3. Club logos or trademarks: If you're using any official club logos, names, or other trademarked elements, this could lead to trademark infringement issues.
4. "Fair use" considerations: There are some cases where use of copyrighted or trademarked material might be considered "fair use," but this is a complex legal area and doesn't typically apply to commercial merchandise.
5. Other sellers doing similar things: The fact that others are selling similar items doesn't necessarily make it legal. They might be operating in a legal grey area or simply haven't been caught yet.
6. Scale and visibility: Promoting your products on a major fan page could increase the likelihood of the club or players becoming aware of your products, potentially increasing legal risk.
Given the potential risks involved, it would be advisable to consult with a lawyer specializing in intellectual property law before proceeding. They can provide specific advice based on your designs and intended use.
Alternatively, you might consider creating designs that don't use player likenesses, names, or official club elements. Fan art and designs that evoke the spirit of the team without using protected elements might be a safer approach.
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