Ask HN: If a t-shirt includes a logo (FB, AT&T) is it automatically infringement?

3 points by wand3r ↗ HN
I want to make a t-shirt that shows my dissatisfaction with some companies and also in support of others. Basic example for simplicity:

"Vote Yes DuckDuckGo"

"AT&T Sucks"

Is it infringement to use a logo/symbol on a shirt as fair use as long as it is clearly not representative of the companies service/product? If a logo is not useable would text equiv; e.g. AT&T instead of their branding, be useable?

Does it matter if the t-shirt is for sale vs. personal use?

Thanks

4 comments

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What jurisdiction are you/the publishers in?

Some thoughts not constituting legal advice:

If a logo is an RTM then probably the company name is too.

Usually the important line is "commercial" vs non-commercial; that said in USA, at least, use of a trademark doesn't become infringing just because it's used commercially.

If you're just wearing a tshirt you made with "AT&T sucks" on it will anyone who cares at AT&T ever see it, if they sue for damages what's their claim going to be based on - like are you intending to cause substantial damage somehow?

You could be less cagey about your specific intentions if you want actual applicable "opinion".

Thanks. I am in the US. I am not being cagey intentionally, but I am frustrated and workshopping ideas.

I am considering literally an "AT&T sucks" t. I am going to likely get more creative and do political cartoonish art but I don't have a lot of concrete ideas yet.

I am considering selling these shirts to encourage people to vote with their wallets and inform them about potential negative side-effects of supporting these companies.

It's not automatically infringement, depends on many things. Not going to speculate on specifics, as IANAL.
thanks. Just curious if I could produce and sell from the US and have a logo or name on the shirt. As noted above political cartoon style art and a message