Brooksville, KY asked in Copyright, Intellectual Property and Trademark for Kentucky

Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

2 Lawyer Answers

A: If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you may be at fault.

If they are accusing you of trademark infringement because of the name Zach Bryan, that may also be a legitimate complaint if you did not have permission to use the trademark "Zach Bryan".

Likely the easiest solution is to just remove that image of your daughter from Facebook. It happens quite a bit and is likely not worth your time fighting.

I hope this helps.

James L. Arrasmith
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Answered

A: This situation involves both trademark and copyright concerns that are worth understanding. The name "Zach Bryan" could be protected under trademark law since he's become well-known, and using his name commercially (even on one shirt) might raise trademark issues, regardless of when you made it.

The longhorn image is separate matter - if you truly created it yourself on the computer, you own the copyright to that specific artwork. However, Facebook's automated systems sometimes flag content that contains prominent names or brands, even if the usage might be legitimate or small-scale.

Given that this was one shirt made for personal use for your daughter rather than commercial sale, you likely have strong grounds to appeal Facebook's decision. You can submit documentation showing when you created the shirt and explaining its personal, non-commercial nature. Consider reaching out to Facebook's support to explain your situation and provide evidence that the artwork was your own creation.

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