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jroller · Apr 17, 2006, 10:18 AM

Obviously, Apple vigorously shakes its legal stick, and with good reason... this begs a question since I am trying to offer Apple-inspired merchandise for sale.

What is the legality of offering self-made, but apple-inspired products for sale?

I am assuming for instance, that I would not legally be able to sell products bearing the Apple logo () without Apple's permission (which won't happen, I'm sure). But what if I created images inspired by Apple? For example, in setting up my online shop, as a test, I created from scratch a spotlighted X that resembles the X on the cover of the Tiger box. Is this an infringement?

I just don't know where I stand. I would like to create a number of products for sale, but don't want to invest too much effort if the products I am making would not be legal to sell.

Any ideas as to where the line is drawn?

Thanks...

If interested, the prototype is found here:

http://www.cafepress.com/appleware

irnbrumike · Apr 17, 2006, 10:56 AM

I would personally not touch doing this type of thing. You're using the Apple name to sell shirts that are too close in "look" to copyrighted design.

Maybe I'm wrong, but I'd assume Apple would be all over you if they found out, especially since you are blatantly using their name.

zmcgill · Apr 17, 2006, 10:59 AM

It's not that you're not quite using their logo, but you're using their exact name in your product descriptions.
If you want Apple merchandise, go to missingbyte.com
edit: or http://www.geekculture.com/geekcultu...e/tshirts.html

jroller · Apr 17, 2006, 11:03 AM

Originally Posted by irnbrumike

I would personally not touch doing this type of thing. You're using the Apple name to sell shirts that are too close in "look" to copyrighted design.

Maybe I'm wrong, but I'd assume Apple would be all over you if they found out, especially since you are blatantly using their name.

Good point... didn't think about the name... I can change that. That's just the thing. I don't want to do anything "wrong." I guess I am just looking for some definition in where exactly the line is. Thanks for the response.

jroller · Apr 17, 2006, 11:12 AM

Originally Posted by Gossamer

It's not that you're not quite using their logo, but you're using their exact name in your product descriptions.
If you want Apple merchandise, go to missingbyte.com
edit: or http://www.geekculture.com/geekcultu...e/tshirts.html

Ok, thanks; avoid the name.

I checked out both sites and while I see how they are handling things in the linked site, I am curious about missingbite. They use the logo and other Apple material at will it seems. Are they affiliated with Apple? How can they still be in business if not? I see the very logo I emulated on more than one of their products.

Bob_Barker · Apr 17, 2006, 02:43 PM

CALL A LAWYER! It could save you wasting a lot of time and money, and legal woes.

zmcgill · Apr 17, 2006, 05:05 PM

I'm pretty sure missingbyte doesn't make their own stuff, they just resell stuff released by Apple for promotions.

akwarner · Apr 18, 2006, 08:23 AM

I AM NOT A LAWYER (I don't even play one on TV).

To the best of my knowledge you cannot copyright or trademark a letter of the alphabet. You can copyright or trademark a particular sequence of letters (CAMRY, IBM, etc.). I believe that you can copyright or trademark a paticular stylized version of a letter or letters (like how IBM writes IBM for example). That said you cannot make any reference to Apple in your products or descriptions of them. That opens you up to some serious legal woes as far as I know. However when Spike Lee made Malcolm X he popularized a baseball cap with an X on it. Many other folks jumped on the bandwagon and began selling X baseball caps. Spike couldn't do anything about it since it was simply a Times New Roman X on a baseball cap. He may have thought of it first but he couldn't copyright or trademark it. Good luck.

A.

zmcgill · Apr 18, 2006, 01:20 PM

So basically what he's saying is that you can make those shirts as long as you make no reference whatsoever to Apple or any of its products in your entire website.

King_Rat · Apr 26, 2006, 01:46 PM

What you are talking about sounds very close to selling derivative works, which you don't have the right to do until apple's copyright expires (given US copyright law that will not happen in our lifetime). I don't know where they draw the line between "inspired by" and derivative, but I would guess that it depends on who has more money.

I would follow Bob' suggestion and check with a lawyer. My guess is that it is too risky, but a lawyer could tell you for sure.