The Hex stutter start: An update

I wrote earlier about my designs being deleted by Spreadshirt and I’ve just received an explanation. Unfortunately, it was an explanation to my query about the first deletion, my assumption about why that happened was wrong, so the problem still existed in the re-design, hence the second deletion.

So, what’s the problem? This…

That’s a silhouette image of the European Cup I created to be at the heart of the “Oh It Must Be” design. It’s a vector image that I also intended to keep as stock for future use in other designs.

*sound of the needle scratching across vinyl*

But not so fast there, as Spreadshirt have now informed me:

The Champions League Cup is a protected figurative mark and is registered in the DPMA (German Patent and Trademark Office):

http://register.dpma.de/DPMAregister/marke/registerHABM?AKZ=009612938&CURSOR=4

This is the image in the trademark filing:

That’s a pretty specific design we’ve probably all seen at one time or another during the last couple of seasons. Obviously my design bears a resemblance as they are both representations of the same trophy. Does this trademark prohibit all drawings of the cup then?

Here’s a very obvious derivative of the trademarked version in use within the logo for the 2011 London final:

I’ve checked the European Spreadshirt store belonging to a Chelsea blog and there are no products with any graphics resembling the trophy, but their US store not only uses the trophy, it uses an exact copy of the one within the London logo above. They also go further and use the actual logo above, complete with lions and banner, to celebrate their 2012 win in Munich.

I’ve checked the European Spreadshirt store of at least one other club blog and they have products that feature silhouetted European Cup images just like my one, and have done for some time. So I don’t honestly know where I stand at the moment.

I obviously have some more homework to do. Not the start I was looking for, but all part of the learning experience I suppose.

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