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Band Management [BG] Examining issues with band membership, interaction, politics, and management.


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  #1  
Old 12-05-2002, 02:40 AM
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Join Date: Jan 2001
Location: Orange County, CA.
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Logo "spoofs"

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I'm asking on behalf of a friends band who I kinda sorta manage (meaning I find them some gigs here and there). They have several logos, all are spoofs of stuff like the Philidelphia Creme Cheese Logo and the Yorkville Pepperment Pattie, ect.

Would they get into any trouble for this?

Here's an example:
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  #2  
Old 12-05-2002, 06:23 AM
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Hmmm, I think it would depend if the logo is copywrited or not ...
Many of the famous logo's are registered trademarks, so be carefull, you live in a country where sueing each other is a national pass-time ...
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  #3  
Old 12-05-2002, 06:28 AM
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thats sweet. I agree with the above post. You are in the land of the free (to sue anyone for anything).

People spoof crap all the time over here, theres a band called claims direct with exactly the same logo as the insurance company of the same name...no big deal.


I did this for a friends album cover. Dont know if it counts as a spoof tho. They didnt want it anyway ill have it for my band when i get one together.

Last edited by punkfunkfreak : 12-05-2002 at 06:31 AM.
  #4  
Old 12-05-2002, 04:25 PM
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I would'nt worry too much about it,my bands logo is a rip-off of the Warner Bros. sheild except ours has "BB"(Bruise Bros.) in it instead of WB...if we ever get sued or told to change it we'll just alter it a little.(maybe we'll get some free publicityeven if it is bad).but on another note we also use a bunch of other logos to put on t- shirts and other merch. logos like Reeces pb cup logo.we also had one made by a local artist to look like the charlie's angels sillouette logo and we also use the Notre Dame "fightin Irishmen" but we put a ballpeen hammer in one of his hands...just to alter it a little bit..To answer your question... I would'nt loose any sleep over it....
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  #5  
Old 12-06-2002, 08:10 AM
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Join Date: Jun 2002
Location: Mpls, MN
The odds for litigation go up depending on two factors.

1. How much money you're making: If your band is making chump change no big company is going to waste their money and legal firepower on you. It isn't worth it to them. They'd lose more in court time than they could possibly gain back from a lawsuit.

2. Whether or not your spoof casts their product in a damaging light and how many people you can reach:
If you've got the pilsbury doughboy with a mohawk, they could turn a blind eye. If you've got the pilsbury doughboy bending a goat over a fence....you may get a call.

I've parodied 3 Kiss album covers for band posters (And we know how much THAT guy like to turn a buck or two) and Mean Gene has yet to give me a call. Stay under the radar and you'll be fine.
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  #6  
Old 12-06-2002, 08:45 AM
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"If you've got the pilsbury doughboy with a mohawk, they could turn a blind eye. If you've got the pilsbury doughboy bending a goat over a fence....you may get a call. "

Classic.
  #7  
Old 12-06-2002, 10:18 AM
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Oh i did it too and a bar wouldnt post it in the window because "alcohol" ads werent allowed in that state....i figured they wont go for you if you can get the logos off the russian websites for free...




Tommy
  #8  
Old 12-06-2002, 06:16 PM
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Join Date: Feb 2001
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A good friend of mine who became a artist/cartoonist just finnished a long battle with kraft because he used KING VELVEEDA as his signature. He lost

AJ

Last edited by Andrew Jones : 12-06-2002 at 06:24 PM.
  #9  
Old 12-09-2002, 12:10 AM
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Join Date: Nov 2002
Location: Atlanta, GA
Also, fyi - I just finished a Master's degree and one of my areas of study was Intellectual Property Law - so ask away, BUT if I could offer one piece of advice to anyone interested in spoofing it is this:

DON'T EVER SPOOF ANYTHING DISNEY. They'll go after you every time (think of all the schools/daycares they sued - and WON!)
  #10  
Old 12-13-2002, 01:59 PM
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Join Date: Jan 2002
Location: Vancouver, BC, Canada
Can the owner of the original logo ask for anything more than a cease-and-desist order?

As I understand it, the court will only compensate for ACTUAL losses as opposed to economic losses.

Also, they can't sue you for money because they cannot attribute the percentage of earnings generated by the logo spoof, correct?

So you could use it until you get caught and they ask you to stop.
  #11  
Old 12-14-2002, 07:06 PM
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In most cases of parody, like the stuff National Lampoon used to put out, the subject doesn't have much to lean on because the work stands as an act of free speech and is protected. But a parody of a logo for the purpose of promoting another interest definitely - especially for profit - falls in the infringement category if the plaintiff wanted to pursue it. Sleazy had it right in that some infringements are so far outside of the scope of focus for the product that the company doesn't hear about it or declines to pursue litigation. But show their work in a bad way and you bet they'll get in touch with you.
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