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Yes, but more facts are needed to assess your plan. In fact, you DO NOT even need to change the color to use a trademarked image. A trademark does not give a person a monopoly on the mark. Rather, a trademark merely allows the owner to protect their goodwill by preventing others from using the mark in a way that would “dilute” or “create a likelihood of confusion” as to the origin of the product.
However, a copyright does give a monopoly. Thus, if you are using a copyrighted image, you WOULD be infringing the copyright by using the image, even if you change it. Unless, of course, the purpose of using the mark is part of a free speech activity.
No it wouldn't, just changing one detail isn't enough to make it your own image.
This reminds me of songwriters that will change a note, a bar or any small difference, in order to write a song without infringing on a song's copyright.
More than a color change is definetely needed to prevent you from being sued.
Can Native American Nations copyright/trademark their names? I guess the Cherokee wish they had a piece of every Grand Cherokee....
by osage2112 on July 27th, 2010
| 1 person likes this
Does an email address or user ID that contains a trademarked word infringe on that trademark?
by JNygren on September 24th, 2010
| 1 person likes this
Could I get sued for using Starbucks name in a song and putting it on youtube?
by Jackeroo on November 21st, 2009
| 5 people like this
I want to screen print vintage style childrens/ pet t shirts with certain band names. Do I need permission to print and sell?
by scentsymom69 on November 17th, 2010
| 1 person likes this
I don't know if I should copyright or trademark the word I created and want to use in my story. Which do I do?
by dragonfire5756 on July 23rd, 2010
| 1 person likes this
You're reading Would it be legal to change the color of a trademarked image and put it on a sports jersey?
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