joebabyny Posted February 3, 2010 Author Share Posted February 3, 2010 Actually, there is a percentage of every fandom that thinks it is either cute, or comical. No fan base is immune. My take is if you need to exploit another franchise in a vulgar way, you may not have enough for your own franchise to crow about. When the Jets win the SB, I will buy my T-shirt with you. As long as you clear it with NFL properties. lol, i don't sell anything trademark infringing. I'm gonna put out a few shirts before the start of the season, more tailgatejoe-centric for the most part. Gonna also pick one player from the previous season and make a shirt to honor him, would be cool to do it every year. probably gonna pick revis first. Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 Meh, I don't think Clowney speaking out in public crying about his playing time or talking negatively about how the team is being run is in the same category as what rex did in the off season in a crowd where some douche happened to get him with a camphone. It isn't like rex went and shot a tweetpic and broadcast it to the world or did it on a sideline during the game or in a presser. But I do think him standing in a stadium in a heated rival town full of dips##t miami fans heckling him and him laughing and not backing down and giving it back isn't so far from the attitude he has set with this team from his speeches when first coming here. Is it appropriate, no, is it a bad example for kids, yeah i guess so. But lets be honest,with these kids all over the internet, and with shows like Jersey Shore and all the reality tv garbage, is rex and a middle finger he flashed when he thought he wasn't on camera really the worst thing? No. Besides, you can't deny that this spices up the jets/fins rivalry even more, which is good for both fins and jets fans. And whatever max, I'm trying to raise money for charity and a new tailgatejoe grill. Tv appearances on TLC don't pay as much as you think they would, lol. It is funny, when Bart Scott committed a stupid personal foul penalty (because he was heated in battle), that caused a drive to extend, as well as a touchdown, Rex Ryan was furious with him, and rightly so. He was fined I believe or some other punishment. Rex is asking his players to keep their heads calm, in the heat of action. When he can't control his own emotions, when presented with a problematic situation, it gives pause for thought. Practice what you preach. Link to comment Share on other sites More sharing options...
joebabyny Posted February 3, 2010 Author Share Posted February 3, 2010 It is funny, when Bart Scott committed a stupid personal foul penalty (because he was heated in battle), that caused a drive to extend, as well as a touchdown, Rex Ryan was furious with him, and rightly so. He was fined I believe or some other punishment. Rex is asking his players to keep their heads calm, in the heat of action. When he can't control his own emotions, when presented with a problematic situation, it gives pause for thought. Practice what you preach. How many yards did we lose with the middle finger in a crowd during the mma fight? Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 How many yards did we lose with the middle finger in a crowd during the mma fight? How can you ask a player to control their temper, when the coach can not do the same? Both were obviously wrong, both were penalized. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 Hey guys, gime your thoughts. I didn't have much to work with as it was a small low rez crummy camphone pic. Gonna speak to my screenprinter tomorrow. Would you buy one? I'll probably donate a buck or 2 from each sale to the Leukemia Lymphoma society. EDIT,here's a second option without the text. Your thoughts please. My thoughts are you'd better clear it with Rex's agent if you don't want to be sued Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 My thoughts are you'd better clear it with Rex's agent if you don't want to be sued He is safe. Rex is a public figure. There is no Jet infringement. Link to comment Share on other sites More sharing options...
Kentucky Jet Posted February 3, 2010 Share Posted February 3, 2010 And sold. I'll take 3 extra larges if you can get that one going. Let sell them and help REX pay his fine! Afterall they were only BLOWFISH fans! Put me down for two XL shirts! Link to comment Share on other sites More sharing options...
The Crusher Posted February 3, 2010 Share Posted February 3, 2010 My thoughts are you'd better clear it with Rex's agent if you don't want to be sued Whatever dude. What are you a lawyer? Link to comment Share on other sites More sharing options...
stoicsentry Posted February 3, 2010 Share Posted February 3, 2010 I like the shirt. I would buy it. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 He is safe. Rex is a public figure. There is no Jet infringement. Incorrect. Public figure means he can have not nice things said about him. It does not mean that other people can profit off of his likeness without his permission. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 lol, i don't sell anything trademark infringing. I'm gonna put out a few shirts before the start of the season, more tailgatejoe-centric for the most part. Gonna also pick one player from the previous season and make a shirt to honor him, would be cool to do it every year. probably gonna pick revis first. Again - you will need permission to do that. Odds are you'll get it (as long as you aren't doing anything negative or that can be seen as negative) but Revis has likeness rights you need to be aware of. Seriously, consult with your lawyer before you do anything. If you don't have one and are serious about doing this, e-mail me and I'll get you a referral (or will take you on as a client myself, if you want to pay big firm rates) Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 Whatever dude. What are you a lawyer? No. But I stayed at a Holliday Inn Express last night. Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. Public figure means he can have not nice things said about him. It does not mean that other people can profit off of his likeness without his permission. He is a public figure and the shot was in a public forum. He is free game. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 He is a public figure and the shot was in a public forum. He is free game. Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. The relevant statute in NY is Sec. 51 of the Civil Rights Law, which provides, in pertinent part: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . It goes on, but I think you get the point. Use Rex Ryan's picture for purposes of trade (i.e. to make money by selling t-shirts) without his written permission, and he can sue you. Link to comment Share on other sites More sharing options...
The Crusher Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. The relevant statute in NY is Sec. 51 of the Civil Rights Law, which provides, in pertinent part: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . It goes on, but I think you get the point. Use Rex Ryan's picture for purposes of trade (i.e. to make money by selling t-shirts) without his written permission, and he can sue you. WIN Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 He is a public figure and the shot was in a public forum. He is free game. Are you seriously going to challenge him on this? Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. In theory, the guy who shot the photo could also sue, no? As it is his personal property. Link to comment Share on other sites More sharing options...
StillerPaul Posted February 3, 2010 Share Posted February 3, 2010 We will become known as the franchise that creates t-shirts to celebrate buffoonery rather than championships. Sorry. Cleveland already beat ya to it. Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. The relevant statute in NY is Sec. 51 of the Civil Rights Law, which provides, in pertinent part: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . It goes on, but I think you get the point. Use Rex Ryan's picture for purposes of trade (i.e. to make money by selling t-shirts) without his written permission, and he can sue you. So, what kind of judgement can I get against Max? As, he is clearly using me to 'drive up post counts'? Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. The relevant statute in NY is Sec. 51 of the Civil Rights Law, which provides, in pertinent part: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . It goes on, but I think you get the point. Use Rex Ryan's picture for purposes of trade (i.e. to make money by selling t-shirts) without his written permission, and he can sue you. So, former President Bush, et al, should be making millions in law suits for unauthorized use, correct? Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. The relevant statute in NY is Sec. 51 of the Civil Rights Law, which provides, in pertinent part: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . It goes on, but I think you get the point. Use Rex Ryan's picture for purposes of trade (i.e. to make money by selling t-shirts) without his written permission, and he can sue you. Exactly, what would Rex's damages be? Link to comment Share on other sites More sharing options...
visajets Posted February 3, 2010 Share Posted February 3, 2010 Front of the shirt----------HEY DOLPHINS FANS Back of the shirt -------------REX GIVING THE $50K FINGER. Or the JETS logo on the back and REX FINGER on front. As soon as that pic hit the internet it became fair game. Link to comment Share on other sites More sharing options...
New York Mick Posted February 3, 2010 Share Posted February 3, 2010 Incorrect. The picture can be passed around as much as you want. The guy who shot the picture could even sell it to a news organization. But if you slap his image on a t-shirt and sell it without his authorization, you will lose any lawsuit brought. Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. The relevant statute in NY is Sec. 51 of the Civil Rights Law, which provides, in pertinent part: Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . It goes on, but I think you get the point. Use Rex Ryan's picture for purposes of trade (i.e. to make money by selling t-shirts) without his written permission, and he can sue you. Why the **** would Rex want to sue us? He'll love the ****ing shirt. I'll take in. Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 Why the **** would Rex want to sue us? He'll love the ****ing shirt. I'll take in. The shirt cost him 50K, I doubt he'd actually sue, but I don't think he'd love it either. Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 The shirt cost him 50K, I doubt he'd actually sue, but I don't think he'd love it either. Public figures are allowed to be parodied. See Jerry Falwell vs Hustler et al. Link to comment Share on other sites More sharing options...
New York Mick Posted February 3, 2010 Share Posted February 3, 2010 The shirt cost him 50K, I doubt he'd actually sue, but I don't think he'd love it either. Getting fined 50K no but the fans loving that he did it and getting shirts made, oh hell yea. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 In theory, the guy who shot the photo could also sue, no? As it is his personal property. Yes - he holds a copyright in that image. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 So, former President Bush, et al, should be making millions in law suits for unauthorized use, correct? No, his image can be used in political commentary. He could sue people using his face to sell things, though there are few enough of those, and he would get blasted for it (PR wise, it would be a nightmare). Also, each state has different laws; for Joebaby, the relevant one is the one I cited. For Rex, on the other hand, having those shirts out there will not do him any favors, and he may be more inclined to sue over it (or at least write a cease and desist letter). Bottom line, just because someone has a right to sue doesn't mean he will. It does, however, mean that it would be a stupid business move to sell those shirts, because the risk is in no way worth the gain. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 Exactly, what would Rex's damages be? 1) Damage to his reputation (probably nominal) 2) All profits from the sale of the shirts 3) A reasonable royalty rate for the use of his image (i.e. what he would get paid for doing a commercial) which may be more than you can make on the shirts 4) Even w/o damages, he can get injunctive relief Link to comment Share on other sites More sharing options...
New York Mick Posted February 3, 2010 Share Posted February 3, 2010 No, his image can be used in political commentary. He could sue people using his face to sell things, though there are few enough of those, and he would get blasted for it (PR wise, it would be a nightmare). Also, each state has different laws; for Joebaby, the relevant one is the one I cited. For Rex, on the other hand, having those shirts out there will not do him any favors, and he may be more inclined to sue over it (or at least write a cease and desist letter). Bottom line, just because someone has a right to sue doesn't mean he will. It does, however, mean that it would be a stupid business move to sell those shirts, because the risk is in no way worth the gain. I hate lawyers, they always ruin all the fun. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 The shirt cost him 50K, I doubt he'd actually sue, but I don't think he'd love it either. Exactly. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 Public figures are allowed to be parodied. See Jerry Falwell vs Hustler et al. Sure. And if this were parody - like, say, KSK's blog posts, which use his picture all over the place - it would be protected as such. (BTW, Fallwell v. Hustler had nothing to do with likeness rights) This isn't parody. You aren't using his image to lampoon him, or anyone else. You'd be using his image to sell t-shirts, to fund a new grill. Link to comment Share on other sites More sharing options...
RutgersJetFan Posted February 3, 2010 Share Posted February 3, 2010 Are you a lawyer? If not, you really shouldn't be talking about what the law allows. If you are . . . well, then there's a real problem if you don't know this. Oh yeah? Well the jerk store called... Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 I hate lawyers, they always ruin all the fun. Hey, do what you want. Just make sure you understand the risks when you do. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 Oh yeah? Well the jerk store called... Stay out of this, Donnie! Link to comment Share on other sites More sharing options...
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