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Thread: My sons new online football business venture

  1. #1

    My sons new online football business venture

    As my son could not get a job just yet, he decided to plough ahead with a new football custom t shirt website. The aim is to cover shirts for all clubs, as of today this is what he has done for Arsenal, Spurs, Villa, Liverpool, Newcastle, Man City, Man UTD, Everton, Chelsea, Leicester with more to come. If you are interested happy to hand out a 10% discount code which is as follows: welcome10

    The shirts are all individually designed by a group of young designers he is working with.

    Would be happy to get some feedback from folks on here as the more opinions the better.

    https://football-closet-apparel.myshopify.com/

    Thanks
    Last edited by langdalematt; 22nd May 2020 at 17:57.

  2. #2
    Master
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    Is there a link missing? Or maybe my phone is blocking something

  3. #3
    Grand Master Saint-Just's Avatar
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    Quote Originally Posted by Bondurant View Post
    Is there a link missing? Or maybe my phone is blocking something
    'Against stupidity, the gods themselves struggle in vain' - Schiller.

  4. #4
    Haha clueless it’s up now

  5. #5
    Master
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    First thing he needs to do is allow people to search by team

  6. #6
    Master
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    How do you get round the copyright issues with the players and the clubs?

    I’d have thought the clubs and agents would have all the usage rights lockdown on this type of product.

  7. #7
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    ^^^^

    That was my first thought too.

  8. #8
    Master
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    Might want to proofread his product names.

  9. #9
    Grand Master Onelasttime's Avatar
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    As a lifelong Liverpool supporter, this one made me laugh:



    Aren't there any rights issues with using the players' images and names? I know nothing about these things.

    Good for him though and I wish him the best of luck

  10. #10
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    Good to see someone trying something different. Ignoring the image rights issues which I think you'd have if this ever got to a scale that worried the clubs I think there are some interesting designs.

    Not sure what the going rate for non licensed merchandise is but my initial thought was it was a little expensive.

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  11. #11
    Really like some of them,quite simple but effective,I think he should do alright if he can get them seen in the right places.


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  12. #12
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    It needs information adding about sizing, shipping, returns etc.

  13. #13
    Master
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    Quote Originally Posted by Montello View Post
    How do you get round the copyright issues with the players and the clubs?

    I’d have thought the clubs and agents would have all the usage rights lockdown on this type of product.
    +1

    I have no idea what is and isn’t a name or image protected by law but hopefully the OP’s son has done the necessary.

  14. #14
    Quote Originally Posted by David_D View Post
    +1

    I have no idea what is and isn’t a name or image protected by law but hopefully the OP’s son has done the necessary.

    "In the United Kingdom, the vast majority of professional (and some amateur) clubs’ crests will be covered by copyright. UK copyright law primarily seeks to protect the expression of ideas, particularly in the form of original works. Copyright is an unregistered right which arises automatically as soon as the relevant work is created. In short, it seeks to prevent parties from copying (and making a profit from) other parties’ original creations. UK copyright law is set out in the Copyright, Designs and Patents Act 1988 (the CDPA).


    Football club crests may also be registered as trade marks (both under UK and EU legislation). A trade mark registration provides the club with a statutory right to the exclusive use of the trade mark in respect of the goods or services for which it is registered. Broadly speaking, such a registration affords the club a monopoly right to sue for trade mark infringement any person who uses, in the course of trade without permission, any identical or confusingly similar mark or sign in connection with identical or similar goods or services to those for which the trade mark is registered.

    Even where a trade mark is not registered, a club may seek to protect its brand by bringing a common law passing off action to prevent a third party’s use of the mark.

    Football clubs across the world, particularly those at the elite level, take the protection of their intellectual property very seriously. "

    https://www.inta.org/INTABulletin/Pa...lDecision.aspx

    R


    Last edited by ralphy; 22nd May 2020 at 19:58.
    Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.

  15. #15
    Take my hat off to the OP’s son - and he will gain a lot of experience from this

    Unfortunately he will get a 10 page cease and desist letter from the likes of Mischon deReya before too long.


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  16. #16
    Master
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    Quote Originally Posted by ralphy View Post
    "In the United Kingdom, the vast majority of professional (and some amateur) clubs’ crests will be covered by copyright. UK copyright law primarily seeks to protect the expression of ideas, particularly in the form of original works. Copyright is an unregistered right which arises automatically as soon as the relevant work is created. In short, it seeks to prevent parties from copying (and making a profit from) other parties’ original creations. UK copyright law is set out in the Copyright, Designs and Patents Act 1988 (the CDPA).


    Football club crests may also be registered as trade marks (both under UK and EU legislation). A trade mark registration provides the club with a statutory right to the exclusive use of the trade mark in respect of the goods or services for which it is registered. Broadly speaking, such a registration affords the club a monopoly right to sue for trade mark infringement any person who uses, in the course of trade without permission, any identical or confusingly similar mark or sign in connection with identical or similar goods or services to those for which the trade mark is registered.

    Even where a trade mark is not registered, a club may seek to protect its brand by bringing a common law passing off action to prevent a third party’s use of the mark.

    Football clubs across the world, particularly those at the elite level, take the protection of their intellectual property very seriously. "

    R


    So your conclusion is?

  17. #17
    Quote Originally Posted by hafle View Post
    So your conclusion is?
    Please see the subsequent edit on a decision in case law.

    R
    Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.

  18. #18
    I think the conclusion might be don't get 10,000 tshirts made up, print to order!

  19. #19
    Master
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    Quote Originally Posted by ralphy View Post
    Please see the subsequent edit on a decision in case law.

    R
    Seems utterly irrelevant to the shirts in question.

  20. #20
    The “hair” T-shirt’s are very cool, they stand out as a very interesting concept. If I was a kickball fan I would get one of those!

  21. #21
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    Rights issues aside I like the designs.

  22. #22
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    Quote Originally Posted by hafle View Post
    Seems utterly irrelevant to the shirts in question.
    Having looked at the whole range, I suspect that the Chelsea and Spurs ones are problematic as they seem to use the club crests. Also the one that is a clear image of Virgil Van Dijk.

    Intellectual property is (to me!) a really interesting area of law - and a massively complex one. I would guess the “simple” trademark question is just one aspect.

    It’s a nice business idea but as it stands there might be problems.

    EDIT: This might be relevant where the design starts out as a photograph which is then manipulated to create a design:

    https://www.wipo.int/export/sites/ww...hotography.pdf

    1.10 Can you make changes to a work?
    It is a common practice for graphic artists and others to download images from the Internet
    and modify or adapt them by using graphics software. The altered images are often used in
    magazines, books or advertisements. One of the exclusive rights of a copyright owner is the
    right to create derivative works from his work – that is, new works based upon or adapted
    from the original work. You should take care when you digitally manipulate other’s images,
    as this is likely to be a copyright infringement unless you have obtained the copyright owner’s
    Last edited by David_D; 22nd May 2020 at 23:34. Reason: Added

  23. #23
    Thanks for all the feedback guys. I will pass this along. I know that the designers electronically draw the images but the hope is they don’t infringe. I agree some are sailing close to the wind and I got him to remove some designs which involved a rival fans team urinating on the main rivals shirt as I though that was a little controversial.

  24. #24
    Master Alansmithee's Avatar
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    Quote Originally Posted by hafle View Post
    So your conclusion is?
    To cut a long story short - having worked with a number of companies who have tried to do this - forget case-law, the reality is either they notice and they set the lawyers on you and the case-law does not matter because they bankrupt you as a small business in fees or they never notice at all.

    My main bit of advice would be to do it via a limited company.

  25. #25
    Master murkeywaters's Avatar
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    I know someone who became very rich printing retro style T shirts but had to go the copyright route, even though they were printed with artwork made up by designers the work depicting an individual or famous quote brought a copyright letter to his door, either pay up copyright or face a law suit that you will lose was the content of that letter.

    If he contacts the clubs explaining what his ideas are he will be set on the right route, yes he may have to pay a certain amount of profit but at least he can operate without fear of lawsuits, might be good to start in the lower leagues as I imagine smaller clubs will be more flexible..

  26. #26
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    My tuppence,
    Include a photo of your son with the designers underpinned with a Bio - how it all started...., Designed and produced in the UK....etc
    Ensure the quality matches the price charged (people will pay the extra if the quality warrants). Ensure good fit and sizing (many fans are shall we say rotund in the midriff area)
    Consider sustainability / climate change / carbon footprint - include in bio
    Consider donating % profits to NHS or fan food banks, Mental health...
    Ditch anything contentious - I hate Tottenham promotes the wrong image to the wrong people and will place the business firmly offside
    Reach out to the pros with a link to website - Hi Mo, t-shirt intended as a fun idea, absolutely no intention to offend so would really appreciate your opinion, is it OK?
    You get a pro wearing your design on social media and you are away..
    Just as a starter tbh

  27. #27
    Legalities aside, hats off to your son.

    Nice designs, decent first website and well modelled/photographed shirts. Obviously lot of work gone into this.

    Edit: - Couple of things I've noticed. It's 'apparel' (one R) and some sizing advice would be good (can't see anything).
    Last edited by Kingstepper; 26th May 2020 at 09:44.

  28. #28
    Master
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    Seriously think your son will get shutdown by the copyright lawyers. Hopefully just a cease and desist letter.

    Reminds me of an amusing time I was out for lunch with a friend and met another friend (in a pret a manger of all places).

    Friend number two was with a colleague ; my friend was wearing a uniqlo t-shirt with none other than Kate Moss's face on it.

    Guess who friend number two's colleague was ?

    Yep cue a couple of slightly embarrassing looks followed by laughter all round ...all good fun (copyright all taken care of though).

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