Trademark News & Screw-ups Ohio State brings trademark suit against CafePress over retail sale of clothing infringing school logo, Urban Meyer persona

If you are a customized clothing company and you use designs that contain trademarks you don't own, you have a problem. Even if the designs are uploaded by your users and your Terms of Use state that your users can't upload images they don't own, you still have a problem because you're an easy target, while individual users are not. To Cafepress's credit, they do have a page that allows rightholders to report an alleged infringement. I wonder if Ohio State used this process before they sued Cafepress. Ohio State's lawsuit is based on the number of items available through the store, but what would actually matter is, how many items with the infringing design have been sold. I've always said that law, and intellectual property law in particular, is all about risk management. Cafepress's model is inherently risky in the sense that at any given moment they may be offering for sale infringing items. The question is, are the rewards (the revenue generated by the website) worth the risk. Time will tell.

The video below features Andrei Mincov's commentary of this article.

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.