Big Lou Shirts

[peoriairish]

Per request, here is where we can discuss IE shirts or The Big Lou shirts. Let's get this done cause the ideas out there are awesome. For example:

 

[Irish8248]

This would violate copyright laws. You can be sued for the shirts and it doesn't matter if you only profit .01, you're using the property of CBS and would be liable for the market harm caused. There is a licensing fee and that fee would likely be your penalty. Best case scenario you would be liable for court fees and such for the injunction they serve on the distributor/creator.... Think twice before you go through with this .. Is a shirt really worth a penalty of tens of thousands of dollars or annoying court costs?

 

[clashmore_mike]

Is bazinga trademarked?

 

[STLDomer]

Even though I believe we would run into copyright laws. what percent royalty are we talking for me, Bluto, and Woolybug?

Maybe we should as Sheldon for permission

 

[STLDomer]

BAZINGA! Trademark Trademark Application of Warner Bros. Entertainment Inc. - Serial Number 85210353 :: Justia Trademarks :: Justia Trademarks

 

[clashmore_mike]

I think proceeds should be donated to an autism awareness charity in Louis' name, at least a portion.

 

[STLDomer]

My post about profit was a joke haha.

But if everyone really wanted a shirt and could find a way for it not to be against the law, then all we would have to do to get the picture of Lou from his NBC profile that is too small is ask him to take one haha

 

[RyCo1983]

http://www.irishenvy.com/forums/group.php?groupid=7
I have a private group made up so we don't have to take this discussion public if you cats don't wanna...

All this copyright stuff will need to be discussed....


GREAT call on the donation of proceeds.
I'd imagine we'd only be paying what they cost...but now we can pay a lil bit more so we do have something to donate!

 

[woolybug25]

Let's shut all this copyrite bologna down right now. Give me a freaking break, fellas. We're making like 20-30 shirts for some fun, we arent trying to make some huge business venture or distribute them. We have Big Lou's permission and that's the only permission I care about.

 

[Irish Houstonian]

Warner Bros. only uses this mark for mats and rugs, so they can't get a dime from you if you can show that none of your customers were confused or came your way because of their use of the mark.

And form an LLC so only the company is liable, just in case.

 

[woolybug25]

Warner Bros. only uses this mark for mats and rugs, so they can't get a dime from you if you can show that none of your customers were confused or came your way because of their use of the mark.

And form an LLC so only the company is liable, just in case.

I hope you are joking with the LLC stuff.

Simple. We pay cost, no donations, no dealing with anything that makes this bigger than what it needs to be. We just all communicate on the private forum Alamo set up and make a few shirts between friends. The only person outside of trusted IE members that get one are players on the team (in particular, Louis).

That's it. I don't know why everyone is trying to make this into more than it needs to be.

Notre Dame has bigger problems than finding the identities of 10 Irish Envy posters that made some shirts of Big Lou with his permission. If so, then I would question why they haven't used some of that time to fix our damn football team.

 

[Irish8248]

Donating the proceeds is not enough to stop commercial harm. Copyright holders are entitled to deriative works, meaning the lack of royalty shows market harm. While you are just one small violator, the court looks st it as promoting millions of violators in an unregulated market. I can type up what the law is and provide interpretation, I just wrote a paper on it. Just note i'm not an attorney yet and this isn't legal advice just my highly researched opinion lol... Im a 1L in law school but i'm had to do a comprehensive 20pg memorandum on copyright infringement and fair use defense

...I can sum it up for you guys if you're interested

 

[woolybug25]

Donating the proceeds is not enough to stop commercial harm. Copyright holders are entitled to deriative works, meaning the lack of royalty shows market harm. While you are just one small violator, the court looks st it as promoting millions of violators in an unregulated market. I can type up what the law is and provide interpretation, I just wrote a paper on it. Just note i'm not an attorney yet and this isn't legal advice just my highly researched opinion lol... Im a 1L in law school but i'm had to do a comprehensive 20pg memorandum on copyright infringement and fair use defense

...I can sum it up for you guys if you're interested

I just called my friend who is an actual lawyer... and she told me to tell you that you are a nerd.


She echoed my belief. Keep low, keep it cool, then you dont have much to worry about. She also made the solid point that Notre Dame isn't even mentioned on any of the shirts, so it would have to be whoever coined "Whatcu talkin bout" and "Bazinga". We have Big Lou's permission to use his pic.

The likelyhood of that is roughly the likelyhood of any of you law-nerds ever getting laid... not likely.

If you are too scared to get a shirt, then don't get one. Otherwise, no one cares about your pre-law papers (that goes for any of you, not singling you out irish8248).

 

[Buster Bluth]

I just called my friend who is an actual lawyer... and she told me to tell you that you are a nerd.


She echoed my belief. Keep low, keep it cool, then you dont have much to worry about. She also made the solid point that Notre Dame isn't even mentioned on any of the shirts, so it would have to be whoever coined "Whatcu talkin bout" and "Bazinga". We have Big Lou's permission to use his pic.

The likelyhood of that is roughly the likelyhood of any of you law-nerds ever getting laid... not likely.

If you are too scared to get a shirt, then don't get one. Otherwise, no one cares about your pre-law papers (that goes for any of you, not singling you out irish8248).

Ouchers. Be easy big fella..

 

[Bluto]

Sounds good. We could use Blah Blam! or a similar phrase in the Bazinga font. If someone could email me the hi resolution photo of Louis that would be great. I'm doing a charity marathon thing this weekend so I'll be a bit tied up for the next few days but I can have a few design options done by next Thursday if I get the photo by say Monday.

 

[gkIrish]

I asked him if he approved of us using his NBC picture to make a tshirt and he said he approved. I also sent him a Bazinga picture.

That being said I haven't gotten approval from NBC obviously

 

[BGIF]

While you ponder the consequences of copyright law there is a more fundamental issue. Call the ND Compliance Office and ask if you can use a likeness of Louis. I don't know if it still is but it used to be an NCAA violation that the individual and school get sacked for.

Wooley did the permission you got come with the blessings of The Compliance Office (Nihil Obstat) and Kelly (Imprimatur)?

Seems I recall just today that Kelly made a comment about Louis's social networking. IF you guys are going to run a pirate operation have the curtesy to leave scholarship athletes out of it regardless of the scope of the operation.

 

[DSully1995]

id say just find a way to thank every company for their trademark like on the back or something, and theyll be fine, since its advertising for them

 

[gkIrish]

While you ponder the consequences of copyright law there is a more fundamental issue. Call the ND Compliance Office and ask if you can use a likeness of Louis. I don't know if it still is but it used to be an NCAA violation that the individual and school get sacked for.

Wooley did the permission you got come with the blessings of The Compliance Office (Nihil Obstat) and Kelly (Imprimatur)?

Seems I recall just today that Kelly made a comment about Louis's social networking. IF you guys are going to run a pirate operation have the curtesy to leave scholarship athletes out of it regardless of the scope of the operation.

I agree that calling the compliance office is a good idea

 

[DSully1995]

Idea: Use the back to find a way to thank NBC for their Irish coverage?

 

[Bluto]

I'm not too worried about the lawsuit stuff. Worst case we'd porbably get cease and decist letters. I'm good with donating whatever proceeds to charity in Lou's name.

 

[Irish8248]

1 -- lol go to town on the shirts, just thought id help you out with a little heads up, what you are doing is about to break the law

2-- not pre law, actual law

3-- this is a real statute and regulation. Don't believe me, just google the codes 17 USC section 106 equals copyright infringement. 17 USC 107 us an affirmative defense of fair use.

4-- ND is not that one that would come after you, it would be Warner Bros who owns the copyright. So she's right, ND couldn't care less, but that company is California, which has a strong case history of prosecuting copyright infringers (due to movie stars, entertainers, multi trillion corporations like WB) reside there. Bazinga and Sheldons likeness means WB ... Louis' likeness is probably on par with what BGIF said with NCAA owning the property of student athletes.

5-- thing about law school, every one is do busy and so stressed, that sex us the second most productive

... But again too each his own, is suggest looking into this a little more than what you have

 

[STLDomer]

SportsCrack Store

Pretty much every shirt they make has a copyright on the logos yet they are mass produced, I'm sure ND didn't allow drinking like a champion. Today

I have a Irish chocolate shirt

 

[woolybug25]

While you ponder the consequences of copyright law there is a more fundamental issue. Call the ND Compliance Office and ask if you can use a likeness of Louis. I don't know if it still is but it used to be an NCAA violation that the individual and school get sacked for.

Wooley did the permission you got come with the blessings of The Compliance Office (Nihil Obstat) and Kelly (Imprimatur)?

Seems I recall just today that Kelly made a comment about Louis's social networking. IF you guys are going to run a pirate operation have the curtesy to leave scholarship athletes out of it regardless of the scope of the operation.

We don't need ND's permission to use a pic of BigLou. It's not like the South Bend Tribune or ESPN or anyone else for that matter needs it. Notre Dame doesn't own the rights to any picture of Big Lou.

Let me say it again. Trying to get permission from compliance offices, incorporating, etc are all overkill for making a few tshirts for a small group of dudes. Everyone is taking the legal aspect of this way out of proportion.

If you are scared of getting sued by Notre Dame, then don't buy a shirt. Simple as that everyone.

@Alamo - Let's just do this through the private group you set up. I'm getting sick of reading this chickenshit garbagio...

 

[woolybug25]

1 -- lol go to town on the shirts, just thought id help you out with a little heads up, what you are doing is about to break the law

2-- not pre law, actual law

3-- this is a real statute and regulation. Don't believe me, just google the codes 17 USC section 106 equals copyright infringement. 17 USC 107 us an affirmative defense of fair use.

4-- ND is not that one that would come after you, it would be Warner Bros who owns the copyright. So she's right, ND couldn't care less, but that company is California, which has a strong case history of prosecuting copyright infringers (due to movie stars, entertainers, multi trillion corporations like WB) reside there. Bazinga and Sheldons likeness means WB ... Louis' likeness is probably on par with what BGIF said with NCAA owning the property of student athletes.

5-- thing about law school, every one is do busy and so stressed, that sex us the second most productive

... But again too each his own, is suggest looking into this a little more than what you have

What does that even say? Get some sleep law-nerd, because if your next paper reads like that you are going to fail your class.

I'm just messin' with you of course. But seriously, i'm not saying its legal. I'm saying its immaterial in nature. It would also have to be done by these large corporations that have trademarked these phrases. They aren't going to be coming after ten dudes from IE for making a few shirts.

 

[Irish Insanity]

I would like to get a shirt too. How do i get into this secret shirt club?

 

[Irish8248]

You're not ten dudes making a shirt though. You are the exception to their 50k license fee and 30% profit rate. If they let you get away with it then it means they are letting hundreds of other situations like yours to get away. You essentially hurt their ability to collect revenue for their creative concept.

 

[IrishFBfanatic]

How many of us have a little too much to drink at ND tailgates and yet walk around in public at ND on game day? Whoops guess we already broke the law for our Irish....oh well. Might as well make a few "illegal" t-shirts too!

No one gives a crap about t-shirts using the word Bazinga made by some fans. Period.

 

[woolybug25]

You're not ten dudes making a shirt though. You are the exception to their 50k license fee and 30% profit rate. If they let you get away with it then it means they are letting hundreds of other situations like yours to get away. You essentially hurt their ability to collect revenue for their creative concept.

We got your point, law-nerd. We don't care. People walk around all the time with illegal shirts, mugs, etc. Huge corporations aren't going to waste a bunch of money to prosecute a few dudes for making shirts for their personal use. It's a waste of legal capital.

It's also not a $50k licensing fee because it's not Notre Dame's licensing we are abusing. The pics aren't owned by Notre Dame and they don't say Notre Dame on them. If NBC or some other huge corporation wants to sue us over making a few shirts then they can go right ahead.

I doubt any of us will be hiring you to represent us when that day comes...

 

[woolybug25]

I would like to get a shirt too. How do i get into this secret shirt club?

pm Alamo