Trademark use

I know this is probably an old question but, I was just told by a friend about something I didn't know until now.

I make NFL cheerleader uniforms based off of the official NFL cheerleaders in SL.

She told me that even if I put "based off dallas cowboys" I can't put my ad up. On Slexchange I spoke to a Linden (because she took down some of my ads) And she told me that as long as I put "based off" I was fine. But then my friend gives me this notecard that says I can't put "based on", can anyone tell me if I can or can't? I was hoping that as long as I put based on and told everyone on the ad and in a notecard that comes with the outfit that it was based off the outfit, I didn't steal it and I'm not claiming it.

Below are some examples of my cheer outfits.

http://img8.imageshack.us/i/dallascowboysadcopy.jpg/

I made the star on the shorts with photoshops custom shape. I just looked at the offical cheerleader outfit and made this one from scratch. (I have seen others in SL like this).

http://img188.imageshack.us/i/arizonacardinalsadcopy.jpg/

If you look at the above picture, there is no symbols on it (the offical doesn't have any) the only way you'd know it was the cardinals is if you was familiar with them and saw the name on the ad.

Trademarks can be complex issues, as you've no doubt figured out. In its most basic interpretation, you cannot use any logos, slogans, or other identifying marks without express written permission by the trademark owner. In the case of your cheerleader uniforms, you will need to find out if the colors and patterns used in the context of cheerleader outfits are trademarked. If not, then you should be just fine with your outfits. However, I would avoid any reference to trademarked names whatsoever. Even claiming "Based on..." could land you in trouble (though generic, "store-brand" products do this all the time).

http://wiki.secondlife.com/wiki/Linden_Lab_Official:Listing_guidelines

From the wiki

"Branded items may be listed or sold only by the brand or intellectual property owner or its authorized agents. A "branded item" is one that:

* Contains or uses a brand name or logo;
* Replicates or closely imitates the appearance of a real-world physical product of a brand owner (for example, items that replicate the appearance of brands of cars, jewelry, or shoes that are available in the real world);
* Replicates or closely imitates the appearance of a celebrity, famous person, or fictional character from a copyrighted work (for example, avatars that replicate the appearance of movie stars or characters from a book, film, television program, or game); or
* Replicates or uses an artistic or creative work that is the subject of copyright (for example, virtual artwork that replicates artwork available in the real world or a sound clip that includes part of a song recording).

"Brand names" include product names; service names; company names; organization names; trade names; designer names; trademarks; service marks; celebrity names; famous persons' names; the unique names of well-known books, films, television programs, games, and other works that are the subject of copyright; and the unique names of well-known fictional characters from copyrighted works.

Be careful not to make comparisons to a brand name or say that your item is "like," "inspired by," or "based on" a brand name, because this can be misleading and can lead to intellectual property infringement. When including pictures in your listings, use a picture that accurately represents your item so that buyers aren't confused about what you're selling. Never copy or use someone else's pictures or logos without their permission. "

Pretty much spells it all out right there.

Yep Casper your right,



That line alone tells me I can't even put up an outfit that even looks remotely like them, period. As we all know, there are so many people that break THAT rule. If you go to slexchange and look up cheerleader, my dallas girl maybe second but, there is at least 4 others that have the same design as the official.

But, I have other ways of getting around that. I'll just have to remake them all and make my own custom outfits and have "red and blue" or Blue and white" cheer outfits lol.

*shrugs* better than getting sued by the NFL.

Thanks for your help.

Well, that pretty much kills it right there.

Ya it does, I wonder what all those designers of the costumes for Robin, Batman, Wonder woman, etc are going to do? It appears that nobody can dress up as them unless the person that sold the costume is part of the franchise.

Nella, I know it doesn't seem fair especially when so many others have gotten away with it in the past or those that haven't been detected yet. But if I may say something, from what I saw from the images you posted, you should have no trouble creating something new and just as appealing, your work speaks for itself.

Thank you very much Casper. I've been designing for 3 years and the dallas cowboys you saw is actually 2 years old, which most of my cheer designs are (I have at least 25) I already have ideas about how I'm going to "redo" my outfits. I've been meaning to do something like this for a while, just lacked the motivation till now.

Yes it is unfair, but I'm not a newb that goes on and on "OMG OMG TIS NUT FAR!"

Thanks for the insight, it put alot of questions to rest.

Of course I have to advertise... if you'd like to see more, go to search and look me up Nella Drillon, OR Sugar & Spice.

You know, I'm about overdue for a new cheerleader outfit...

come visit my store then =D

Keep in mind that just because you comply with Linden Lab's rules on what they will remove for possible trademark infringement, that doesn't mean you are complying with trademark law.

I would think that the reason why Linden labs had a trademark rule is because of the law itself.

As long as I don't use any of the NFL names, logos, designs, etc. I'm good.

Working on it..... Nella's Designs, yes?

You really should have your store in your picks.

It's in the classifeds, Nella's Designs was the old name, now it's sugar & spice.

sl has a dr. frankenstein that takes disney themes and juxtapozez them onto sailor moon styles.

don't everyone puke at once.

BTW high top canvas athletic shoes called "Chucks" (or "Kicks" are not a trademark. Only the marks you put on them. So be careful with putting a 5 pointed star on a shoe since that is a Converse mark. The Dallas Cowboys got sued for trying to sell Dallas Cowboys athletic shoes. Because of the Dallas Cowboys star.

The pattern/cut/appearance of the cheerleader costume is so generic that I doubt anyone has trademarked it. What are (presumably) trademarked are the names "NFL" and "Dallas Cowboys". As long as you avoid them you should be fine, I think. Re-advertising as "Dallas Cheerleader" would narrow it down enough for those that search *wink, wink* but, most importantly, does not make use of nor reference any "trademarked name or symbol"

NFL is explicit that you do not use their logos unless you get permission... Copying is the same.

http://wiki.answers.com/Q/Can_I_use_nfl_logos

http://www.expertlaw.com/forums/showthread.php?t=87790


and...... from NFL website

2. Trade and Service Mark Rights
We (or our affiliates) and our member professional football clubs own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks" of the National Football League and such member clubs, and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.


just dont use the logo.

Too late!

Nella - I had something sort of like this come up when a couple of women dressed as Playboy bunnies showed up at a home I was selling. They said they were attorneys sent by Playboy....and that I was to stop using the term "Playboy Mansion" in my advertising, as that was trademarked.....and I had often used that phrase to sell these homes in classified ads.

I contacted Playboy's trademark dept. to square it away, and even though these homes were not exact replicas or meant to be replicas of the "playboy mansion"....I still couldn't use the term, as it was trademarked.

They said it was ok for me to use the phrase "Mansion for Playboys".....they also said that they were unaware of any bunnies running around in SL representing them as attorneys

It's pretty clear that you cannot use the terms you've been using. Do you have anything to lose by contacting the NFL or the Cowboys.....and show them what you are doing....and ask for permissions? Too far fetched? I was surprised that Playboy did not take one look at the virtual home pics I sent them, and file it under looney tunes....but they had just started a presence here, and took it seriously. But I wasn't asking for permissions for products.....just squaring away terminology.

ETA: I just looked at your pic of the Dallas ones - those are CUTE! Would be a shame for them not to get some advertising off those. Free, of course.

"Closely" and "remotely" are two ends of the spectrum. Ask yourself if someone familiar with the official uniform would look at yours and quickly notice the similarity. Or if you put them in a "one of these pictures is different" puzzle, how difficult would it be to identify the differences.

It may be better to err on the side of avoiding any similarity, but don't be paranoid about it.

Thanks, I made this one today:

http://img687.imageshack.us/i/cheerleaderads2copy.jpg/

I didn't call it Dallas or anything, but earlier someone said "cheerleader dallas" I should be able to do that... I can't use the stars, the name, or the design of course. I did use the colors of Dallas.

I think the best thing to do is contact NFL's trademark dept just to be sure.

It would be really nice to get the NFL's permission to use the team logos in SL. You might point out to them that Coca Cola allows the use of their mark in SL, because it gives them free exposure.

No kidding, another question, can I give away my dallas cowboys cheerleader that looks like the dallas cowboys cheerleader away as a freebie? I'm sure thats still breaking trademark and all the above laws even though I'm not making a profit off them right?

You are, however, allowed to make coke-themed products. Because Coke said so.

http://www.vintfalken.com/coca-cola-releases-trademark-to-second-life-merchants/#

oh yay, I can make a coke a cola cheer outfit. I wonder if any NFL people come onto SL from time to time so I can chat with them?