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A few (more) words on Copyright and trademark infringement
🕑 Added 2020-12-08 00:13:44 +0000 UTCI’ve written a few articles on copyright and trademark infringement, but in light of recent events and things that have come to ear, I'd like to say a few more words.
This niche MX graphics industry relies heavily on the use of logos and brands. The bigger and more popular the brand, the more customers you will get who want that on their bike or jersey. The problem is; unless you have written consent to use that logo or trademark, you may not use that logo or trademark to use on products that you are going to sell. It is true that a lot of companies allow it and that it often takes some bad luck to even get a copyright strike or trademark infringement warning, but this seems to be the hard truth. And yes, 99% of all graphics businesses who design and sell graphics are guilty of copyright and trademark infringement, including us.
We, and many of you as well if I can take a guess, haven’t been taking this very seriously. Maybe when it comes to brands like RedBull and KTM who are notorious for ‘hunting’ you and I down as soon as they get the chance, but not so much when it comes to smaller brands. It is only when we are faced with the consequences and that we see it happen more often, that we start to think about it.
I am at that point. I see hundreds of businesses, even the largest and best known ones around, using all sorts of logos and trademarked properties and names on their products. It’s everywhere, so how ‘illegal’ or bad can it be? Very, but does that mean that we should stop using those logos and trademarked properties? To be honest; yet. Do we want to? No, because that can, and will, negatively affect your sales. Just look at RedBull; how many customers have you had asking for RedBull on their bike? I bet it's a lot. Having to say no to those customers hurt, especially when you are just starting out. Having to say no to literally every request could mean the end of your business.
So now what? I, for one, am going to change a few things. I am going to design a library of made-up logos that maybe faintly resemble a popular brand or just something that is completely from my imagination, and I am going to use only those logos. Right now I am also not sure if my altered, changed brand name logos are going to cut it (and not be liable to copyright or trademark infringement claims). This is a pretty difficult decision for me, as selling designs to other businesses is part of my business model. Many businesses out there probably won't suddenly stop using copyrighted logos or trademarked names, so what is going to happen to my sales if I stop using popular brands and logos on my designs? My best guess is that those sales will go down. Unfortunately I am afraid that this is going to be a necessary evil for me to continue what I am doing, despite already being very careful about the logos and brands that I use. Turns out; I wasn't careful enough, as one of my designs featured a Monster logo which got a copyright email sent to that particular customer.
I have deleted the Ominous design to prevent more people from using it and being susceptible to a copyright infringement notice. If you have bought or used this design; let me know, and I'll give you a design of your choice for free.
This is clearly an impactful message and will have a lot of you thinking about the future. I don’t think bad things will suddenly happen as we’ve been at it for 5 years already and have only gotten a warning from KTM, but it should be taken into consideration. For us, this is quite impactful, as our future designs will probably be less wanted and popular. Some of you might follow suit and go along with us, but all the other businesses who are not part of our courses or Patreon, won’t know what happened and might not go for our designs anymore. This is the unfortunate path I got to take, but it will ensure future proof designs that will keep us safe, and most importantly, all of you as well.
So, what to do with all the designs that you and I have that feature trademarked logos? I am not sure. I was thinking about emailing those companies to ask for permission, but then a new issue arises; waking sleeping dogs. What if they say no, and check out your business? Are they going to double down on you? Is it worth the risk to do that? I know for a fact that KTM has pulled this off once, and I am sure others can and will as well. So… I don’t know, I really don’t. I do think that we shouldn’t worry too much at this moment, but that it would be wise to calmy fade out what we have, and replace it with something that is 100% safe.
Comments
I have been designing graphics for 9 years. Started refusing to use Monster/Rockstart/Red Bull on our graphics a long time ago. This directly impacted on our sellings, specially when you see all of your direct competitors keeps using them even today. We had to do some exceptions, after the client signs the agreement to take all responsibilities for using the "x" logo we do print. We only do this for fully custom designs and our company logo does not go in the graphics. Not sure if this put us in a safer position but we try to cease or relation to these logos.
Yes, that's right, but in Indonesia, many social media from graphics companies that use the logo have been banned, and keep repeating it again
In Indonesia it somehow seems to be less of an issue. I think it is more difficult for companies there to actually enforce their copyright.
I totally agree, in fact there are still many companies that use the KTM Husky logo, redbull and rockstar in every kit they sell, in my country too like that (INDONESIA)
