using song names / band names in describing t-shirt line

[nudemolerat]

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

Hi,

I am starting a hand-made apparel brand, where each piece of clothing is created to a certain piece of music. I want to have titles/descriptions on the website for each piece of clothing that say the name of the song which the shirt was made to. The designs themselves do not say anything or have any relation to the song or band name, it would simply be the titles and descriptions I write on the website. Would I be violating any laws if for example I have on the website, "This shirt was hand made while listening to the song 'Touch Me' by the Doors". Thank you for your help! I've been trying to find a clear answer to this question but have been unsuccessful.

 

[FlyingRon]

The question is "Can I infringe on the Doors and other famous marks to market my shirts even if the product itself doesn't infringe?"

The answer is no.

 

[quincy]

OR the question is: "Can I write 'This shirt was handmade while listening to Touch Me by The Doors' without it being copyright infringement?"

The answer to THAT question is: Yes.

Stating a fact is not copyright infringement here, and "This shirt was handmade while listening to 'Touch Me' by the Doors" is a statement of fact that does not infringe on any IP rights because what is stated uses the names in a descriptive manner. I can say I drank a Coke and not infringe on the Coca-Cola trademark.

However, nudemolerat, you cannot use The Doors' name, "Touch Me" by The Doors, or the lyrics to "Touch Me," or use any other copyrighted or trademarked material, as part of your product or product line, or to promote or market the product, without permission from the copyright or trademark holder.

You cannot make it appear in any way that The Doors (or any other musician) endorses your product or your website, are connected with your product or your website, have worn your clothes, or like your clothes (unless any of the above happens to be true). You cannot advertise your clothes or your website using The Doors name or any other trademarked name, or any copyrighted material, without permission from the copyright or trademark holder.

You cannot, in other words, capitalize off the copyrighted and trademarked work of others, without risking an infringement suit, as FlyingRon said above.

However, you can promote your website and your clothing line by using your clothing items and whatever unique name you have as a label for your line. You can write blurbs on your website relating how each of your clothing items was created, a history of or story behind each item, such as the example you provided. You can include the title of a song and the name of the musician(s) who recorded the song, as you did in the example you provided. You can show a photograph of one of your shirts and say below it: "This shirt was handmade while listening to 'Touch Me' by The Doors."

I recommend you speak with an attorney in your area for advice prior to setting up your website. It is always best to run plans by an attorney for a complete review of all facts and particulars before investing a lot of time and money into a project/website/business. The attorney will help you protect your investment by helping you avoid a costly lawsuit.

Good luck with your business, nudemolerat.

 

[nudemolerat]

Thank you so much. I really appreciate the quick and thorough response, this was extremely helpful.

-ben

 

[quincy]

You're welcome, nudemolerat. Good luck with your handmade apparel line and your website sales.