Usage of logos in handmade crafts

[Zeitgeist32]

What is the name of your state? Nevada

Hello,

I have a few handmade crafts that contain logos of K-pop (Korean Pop) music groups that I'd like to sell online (Etsy) to US residents. However, I am wondering what the legality is of logo usage here, taking into consideration their parent companies are based in Korea and not in the US. There are many other sellers on Etsy who sell stickers, t-shirts, and other crafts containing the logos I'd be using, but wanted to make sure what the legality is before diving in.

 

[quincy]

What is the name of your state? Nevada

Hello,

I have a few handmade crafts that contain logos of K-pop (Korean Pop) music groups that I'd like to sell online (Etsy) to US residents. However, I am wondering what the legality is of logo usage here, taking into consideration their parent companies are based in Korea and not in the US. There are many other sellers on Etsy who sell stickers, t-shirts, and other crafts containing the logos I'd be using, but wanted to make sure what the legality is before diving in.

You need permission from the trademark holder to use the trademark in a commercial venture. Permission is typically granted in the form of a license.

Never base the legality of doing something on what you see others doing. It could be these other users have acquired licenses and it could be the other users are about to receive a cease and desist letter from the trademark holder or have their infringing goods pulled from the marketplace, seized by the trademark holder and destroyed, or be sued for infringement by the trademark holder.

 

[FlyingRon]

What Q didn't explicitly say: Just because the holder of a mark is in another country, doesn't mean that their marks are not protected in the US.

Note that ETSY (like EBAY) makes it easy for the rights holder to make your infringing items go poof. To many of these complaints and your rights to sell anything on etsy will go away as well.

There are a few gray areas. If you buy fabric or other materials that already bear the mark, you may be able to fashion items out of that provided you don't raise confusion in your sales that you are somehow affiliated with the mark holder. Of course, they're still likely going to make your etsy listing go poof, but at least you might have some legal recourse.

If you want a fun discussion on this whole subject, you can read this page: http://www.tabberone.com/Trademarks/trademarks.shtml

 

[not2cleverRed]

What is the name of your state? Nevada

Hello,

I have a few handmade crafts that contain logos of K-pop (Korean Pop) music groups that I'd like to sell online (Etsy) to US residents. However, I am wondering what the legality is of logo usage here, taking into consideration their parent companies are based in Korea and not in the US. There are many other sellers on Etsy who sell stickers, t-shirts, and other crafts containing the logos I'd be using, but wanted to make sure what the legality is before diving in.

I'd say it's a pretty good bet that BTS, NCT, Black Pink, Red Velvet, etc., have also registered their logos in the US.

In fact, a quick search of the uspto search trademark database would show quite a few for BTS alone.

So yes, producing such items without permission of the trademark holders would be a violation. Whether you get in trouble for it depends on how vigorously the trademark holders choose to defend their rights.

There are many other sellers on Etsy who sell stickers, t-shirts, and other crafts containing the logos I'd be using, but wanted to make sure what the legality is before diving in.

And they would be in violation of those trademarks.

They may not have been caught because the scale of their operation is small and no one noticed, but they are infringing on the trademark nonetheless. The consequences could be as little as a cease and desist letter to an actual lawsuit.

Big Hit Entertainment took legal action against MGM Media in January. So if you want to make unauthorized BTS Army merch, be forewarned.
https://www.soompi.com/article/1354573wpp/big-hit-warns-against-unauthorized-use-of-btss-images-and-trademarks

So love yourself, and wake up.

 

[quincy]

Thank you, FlyingRon, for mentioning that there is international trademark and copyright protection. The World Intellectual Property Organization (WIPO) is a good source for information on the laws that govern copyrights and trademarks in other countries.

Here is a link to WIPO:
http://www.wipo.org