reselling trademarks/logos?

[smsmerrigan]

I am from Arizona.
My question is concerning Logos/characters, etc. example: if I were to buy an AC/DC or Elmo iron on transfer, can I put them on a shirt and resell it?

[JETX]

Originally Posted by smsmerrigan

I am from Arizona.
My question is concerning Logos/characters, etc. example: if I were to buy an AC/DC or Elmo iron on transfer, can I put them on a shirt and resell it?

As long as no one else holds the trademark or copyright to the logo, yes.
However, if someone else does own it, then you will have to pay them.

[FlyingRon]

It depends on several things. First off, I suspect highly that the transfer itself was not authorized, and that would certainly not authorize anything it would be applied to.

If it was authorized by the TM/copyright holder, then you very well may be able to use it in derivative products. Note that some of these things come with a license restricting the use of it (which may or may not be enforceable). In addition the TM holder could pursue against you if they assert that there would be a confusion that you are them (or affiliated with them). This is something that comes up in the craft industry where people make things out of bulk fabric printed with sports team logos for instance.

In addition, some of the trademark holders will abuse the DMCA to file complaints to take down any online sites you have to advertise wares they consider infringing.

[Hot Topic]

Beward of anything that doesn't have a copyright line. It probably has been produced without the permission of the license holder, and if you're responsible for creating a "new" product, e.g., putting the logo on a t-shirt, the copyright owner can go after you. So can the person who holds the legal rights to do t-shirts with the logo on them.