Adding a phrase/slogan to a blank item and selling it?

[Webdeaf]

Hello,


If I bought a blank item (such as a coffee mug or t-shirt) devoid of any logo/design, could I legally print a phrase/expression/slogan to it and sell it? And, would I be able to copyright/trademark the phrases?

 

[army judge]

Hello,


If I bought a blank item (such as a coffee mug or t-shirt) devoid of any logo/design, could I legally print a phrase/expression/slogan to it and sell it? And, would I be able to copyright/trademark the phrases?

Any copyright or trademark would be up to the authorities who grant trademarks or copyrights.

You're certainly are free apply.

What you decide to print on any item you manufacture is up to you, insofar as you don't violate or infringe upon copyrights, trademarks, or patents of other artists.

 

[Michael Wechsler]

Hello,
If I bought a blank item (such as a coffee mug or t-shirt) devoid of any logo/design, could I legally print a phrase/expression/slogan to it and sell it? And, would I be able to copyright/trademark the phrases?

Generally yes to the question of resale and value added. This will typically fall within what the law calls the "First Sale Doctrine." For example, if you purchase a physical book and decide to resell them, you can do so because you own the book. You can even sell them in a book cover. What you are not allowed to do is make a photocopy of the book - only resell the physical book.

When you create a "derivative work" things begin to get complicated. Let's say the mug or shirt had some very special feature that was protected by some intellectual property like a patent or perhaps it had a photo on it which you hand modify. What you do could be subject to the rights held by the underlying rights holder. I think this is where @army judge is going with his good advice. I'm guessing that this is probably not the case here -- which is why you see lots of these blank t-shirt and mugs "personalizer" websites like Zazzle and CafePress - aka "online printing" companies. There was one for TheLaw.com where people could buy a shirt, coffee cup or other chotchke with the website logo on it - but obviously the purchaser had no further right to use the logo. Didn't sell much legal swag.

Regarding copyrighting the slogans - good luck with that. For the most part those small phrases are typically not subject to copyright. This is why you will see many people selling t-shirts with phrases that appear to be from songs or song lyrics. For example, should someone stop you from selling a t-shirt that says "Hotel California, such a lovely place" or could that be said about any hotel in california using plain English? It is possible that certain usage might qualify for a trademark but it would probably need to be directly related to your brand and appearance.

In short, it's all dependent upon the unique facts and circumstances as to whether trademark or copyright might apply.[/QUOTE]