Use of trademarked items in a custom T-shirt

[Golddenim]

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


I have created a design for a T-shirt that I want just for myself. The design includes tradmarked or copyrighted corporate logos, one that is in current use, and a previous one that is not in current use, as well as a trademarked name. The design for the shirt is meant to celebrate an anniversary within the company who owns the trademarks, and is not meant to disparage the company in any way. I only want to make or have one T-shirt made for myself. I will not sell this shirt or the design. However, I will be wearing it in public, both in my home state of Ohio, and in the company's home state of Florida. Does this qualify as "fair use" as I am not profiting or distributing the shirt or design, and it is used to identify the company in question? Or do I still need to obtain permission from the company?

Thanks in advance.

 

[DStaub]

First of all, there is no "fair use" as such when it comes to trademarks. However, in your case, you should be safe for another reason.

Although there are other concepts such as trademark "dilution," the main focus of trademark infringement is section 1114(1) of the Lanham Act. Under that section, infringement occurs when the trademark is used "in commerce." Clearly, making a t-shirt for your own use simply to wear in public in a non-commercial way does not meet the requirement of being "in commerce."