Customers Requesting Trademarked Image for Pers. Use

[Hoons]

What is the name of your state (only U.S. law)? Indiana

One of the services by home business provides is creating return address stickers for people which includes a graphic image of whatever they want. The customer provides (or describes) the image they want to use to express themselves and typically provide a graphic of something that represents their interests such a poker chip, golf ball, football, specific breeds of cats or dogs, peace symbols, flags of nations, etc., etc.

Well I suspect people will want their favorite professional sports team or college logo, or even corporate logos they are fanatics of such as Apple, Ford, and so one. My question is, if someone sends me a graphic like this, do I need to turn this business down because of copyright laws? And how deep does that go? If someone wants to use a scanned photo of their child who is wearing a pro team shirt, or a picture they took of a Mustang logo from their driveway, can things like that be used?

FWIW, no where do I market or suggest the use of these types of logos. My samples only include generic items, but they are told 'anything you want'.

Thank you for any information.

 

[quincy]

What is the name of your state (only U.S. law)? Indiana

One of the services by home business provides is creating return address stickers for people which includes a graphic image of whatever they want. The customer provides (or describes) the image they want to use to express themselves and typically provide a graphic of something that represents their interests such a poker chip, golf ball, football, specific breeds of cats or dogs, peace symbols, flags of nations, etc., etc.

Well I suspect people will want their favorite professional sports team or college logo, or even corporate logos they are fanatics of such as Apple, Ford, and so one. My question is, if someone sends me a graphic like this, do I need to turn this business down because of copyright laws? And how deep does that go? If someone wants to use a scanned photo of their child who is wearing a pro team shirt, or a picture they took of a Mustang logo from their driveway, can things like that be used?

FWIW, no where do I market or suggest the use of these types of logos. My samples only include generic items, but they are told 'anything you want'.

Thank you for any information.

I could see you having trouble using the sports team logos and corporate logos. Sports teams and large corporations are exceptionally protective of their trademarks. Sports teams will fight any use of their logos, especially when its a for-profit use.

The pictures of children wearing sports team shirts or standing in front of a Mustang should not be as much of a problem.

And generic photos are not a cause for worry.

What would probably happen, should the use of the logo come to the attention of the sports organization or corporation, is that you would receive a cease and desist letter with a strongly-worded "suggestion" to stop all use of their rights-protected material. Less likely would be the letter with a demand for compensation for your use. Less likely than that would be an actual lawsuit arising from your use of the logos, although all are possible.

Trademark law centers on consumer confusion. It is unlikely that your uses, as proposed, would confuse consumers, nor is it likely that your uses would affect market values. BUT, trademark owners are responsible for policing their own marks to protect their rights in the mark. And, if they offer products similar to the ones you are offering, legal action becomes a greater risk.

I suggest, should the situation arise where you are presented with a logo for reproduction on the address stickers, that you contact either the entity involved to see what is allowed, or contact an attorney in your area for a personal review.

Good luck with your business.