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I have a question about trademarks. I sell custom shirts and

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Hi. I have a question...
Hi. I have a question about trademarks. I sell custom shirts and tanks on an online marketplace. Tonight I had a customer ask for a tank that says "i'm a boy mom" where "I'm a" is in one font and color, and "boy mom" is in a different font and color.
I always research custom requests to make sure the phrases are not trademarked.
The term "boy mom" is trademarked for apparel -- but since "I'm a" is included in the phrase that she requested -- does that make it legal to create the shirt?
Submitted: 1 year ago.Category: Legal
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7/24/2016
Lawyer: Roger, Attorney replied 1 year ago
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,871
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

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Lawyer: Roger, Attorney replied 1 year ago

As long as the font is different and you're not recreating the exact trademarked phrase, there's likely no issue.

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Lawyer: Roger, Attorney replied 1 year ago

No one can prevent another from using any words or a short combination AS LONG AS it is not an exact replica of the trademarked logo/image/phrase, etc.

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Customer reply replied 1 year ago
Great!! Another request that I've had is "But First, Tone It Up" where "but first" was in one font and color and "tone it up" was in another font and color.
"Tone it Up" is trademarked -- but since they requested a whole phrase where "tone it up" is just part of the phrase... the same thing would apply to this scenario, correct?
I just want to make 100% sure neither of these violate any trademark laws!
Lawyer: Roger, Attorney replied 1 year ago

If you're not making an exact copy of some other phrase, you're generally ok because trademarks do not prohibit the use of common words -- even in short phrases.

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Lawyer: Roger, Attorney replied 1 year ago

The standard is whether a reasonable consumer would mistake your creation for the trademark --- and if you're using different fonts, not the same exact words, etc., that's a hard standard to reach.

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Lawyer: Roger, Attorney replied 1 year ago

Thanks for your question and please let me know if you need anything further. Thanks!

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Customer reply replied 1 year ago
I do have one more question in reference to the tone it up tank I was asked to make. I attached a picture of the logo that I found, and a picture of a mockup of the text that I sent to the customer! Would this be a violation?
Lawyer: Roger, Attorney replied 1 year ago

As I said, the standard for trademark infringement is whether or not a reasonable consumer would mistake the work you create for the trademarked product......That's a decision that you or your customer must make based on the look, the font, the wording, etc.

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Lawyer: Roger, Attorney replied 1 year ago

There's no way to guarantee that you'll never be sued....even if you do all you can and believe that you're in the right, someone can still sue you.....

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Lawyer: Roger, Attorney replied 1 year ago

That doesn't mean the person would win, obviously, but you may still face this at some point given your line of work.

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Lawyer: Roger, Attorney replied 1 year ago

Thanks again for your question and if you need anything further, please let me know.

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Customer reply replied 1 year ago
I know there's no way to guarantee but I guess I'm confused about trademarks. I try so hard to be careful to not violate any laws. But it's hard to understand how it works in this case since these customers asked for an entire phrase that contain more than just the trademarked phrases.
Lawyer: Roger, Attorney replied 1 year ago

The standard for trademark infringement is whether there's a likelihood of confusion that one mark would be mistaken for the other.........so as long as that simple rule is followed, you're generally going to have a viable defense.

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Customer reply replied 1 year ago
In your professional opinion, would you advise against making these shirts?
Lawyer: Roger, Attorney replied 1 year ago

I can't make that call as it is up to you.......We're not allowed to provide legal opinions and conclusions. All we can do is give the information that relates to your situation.

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Lawyer: Roger, Attorney replied 1 year ago

Thanks again for your question and good luck!

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