Please review the importance of Intellectual Property rights to avoid a declined design or account termination.
Disclaimer: This Q&A is for educational purposes only. Nothing included in this Q&A is to be construed as legal advice. Your decision to act based off of the information provided in this Q&A is entirely voluntary and under your complete control. You agree to not rely on the information in this Q&A to make a decision regarding your legal responsibilities. We encourage you to speak with an attorney if you are faced with any questions or issues related to any information within this Q&A.
What is a trademark?
Trademarks are brand identifiers. They identify the source of products or services being sold in the marketplace. Think of it simply as a logo, brand name or slogan. Trademarks are protected by law to preserve the integrity of the brand itself and to prevent consumer confusion regarding the source of products or services.
What is copyright?
Copyright is the protection provided by law to original works of authorship, including literary, dramatic, musical and artistic works. Designs created by Creator’s, pending they do not violate any copyright protection afforded to third parties, can be protected by copyright.
Can I design something that uses another brand’s trademark?
Short answer: No.
Longer answer: Using another brand’s trademark without their consent would be a violation of that brand’s trademark rights. In other words, this would be considered trademark infringement.
What is a likelihood of confusion?
Likelihood of confusion is a factor courts will consider when determining whether trademark infringement has occurred. It means that if your use of a logo, slogan or brand name may confuse consumers as to the source of products or services it may mean that trademark infringement has occurred.
Can I design something that uses another person’s copyrighted works?
No.
What is a derivative work?
The United States Copyright Office states that a “Derivative Work” is a work based on or derived from one or more already existing works. To be copyrightable, a derivative work must incorporate some or all of a preexisting “work” and add new original copyrightable authorship to that work.
Who can create a derivative work?
The United States Copyright Office states that the right to create a derivative work rests with the owner of the copyright, unless a third party has obtained authorization or permission from the owner of that copyright to create a derivative work. Do note that the use of pre-existing work that is unauthorized, or the unauthorized adaptation of an original work may be considered copyright infringement.
Am I ever able to use someone else’s copyrighted work or trademark?
We are very strict regarding the use and misuse of third party intellectual property by Creators. If you have a proper license or authorization from the owner of that copyrighted work and/or trademark you may submit that as evidence for review by us. Please note that we reserve the right to reject any design if we believe in our sole discretion to be a violation of our Terms of Service, or applicable laws. See Section 3 of our Terms of Service for more information.