Nike pays Duke homage

[Mike Corey]

Nice gesture here. (http://www.nike.com/nikeos/p/nike/en_US/?)

[juise]

Nice gesture here. (http://www.nike.com/nikeos/p/nike/en_US/?)

I love it. Thanks for sharing. I will be posting this in various places. :) A t-shirt would be divine.

[arydolphin]

Like someone else posted on the blog entry following that page, I want a T-shirt saying that. I would buy it in a second.

[SupaDave]

Just remember that it's not so much homage as it is Nike getting theirs. One of their bestsellers just went diamond. Their merchandising of Duke gear just hit the jackpot...

[juise]

Just remember that it's not so much homage as it is Nike getting theirs. One of their bestsellers just went diamond. Their merchandising of Duke gear just hit the jackpot...

Nobody said it was altruistic. It's not like Duke's arch nemesis wears Reebok. And I think it's safe to say that the vast majority of Nike's NCAA consumers wanted to see Duke lose.

I like it. And I want a t-shirt.

[Cameron]

This would definitely make an awesome shirt.

God I love Duke.

[SupaDave]

Nobody said it was altruistic. It's not like Duke's arch nemesis wears Reebok. And I think it's safe to say that the vast majority of Nike's NCAA consumers wanted to see Duke lose.

I like it. And I want a t-shirt.

Oh yes, it does make a great t-shirt - and there's only ONE line of Nike gear likely to receive a MAJOR bump in sales as well so it doesn't matter who wanted who to lose.

[TheBrianZoubekExperience]

Hmm, maybe someone with good with graphics can turn this into a shirt on Zazzle.

[BoC]

Love this comment...

"Dr. Nike-

You'll never get another dime from me.

Tar Heel"

[bluedevil2012]

Just remember that it's not so much homage as it is Nike getting theirs. One of their bestsellers just went diamond. Their merchandising of Duke gear just hit the jackpot...

Motivations aside, it's really cool to see

[DukeGirl4ever]

Hmm, maybe someone with good with graphics can turn this into a shirt on Zazzle.

Great minds think alike. I was going to post the same thought!

I don't have the time or energy (perfectionist here) to do it, but if someone does create one, I'll buy it!

[Acymetric]

Love this comment...

"Dr. Nike-

You'll never get another dime from me.

Tar Heel"

Wow. Not buying anything Nike gets pretty tough if you're someone who wants to buy anything at all sold by your own team. Good luck to him (or her).

[RelativeWays]

I'm more impressed that Nike got its Doctorate, from Oregon I guess.

[weezie]

Wow. Not buying anything Nike gets pretty tough if you're someone who wants to buy anything at all sold by your own team. Good luck to him (or her).

Well, seriously, if you were a hole, you wouldn't want to buy any of your team stuff anyway.
Barf.

[Exiled_Devil]

The link seems to go to a UConn women's tribute. Is the Duke one still there?

ETA: Found it. (http://inside.nike.com/blogs/nikebasketball/2010/04/06/duke-university-2010-champions)

Image from google cache
http://www.nike.com/global-landing/na/en_US/images/features/homepage_madness_champ2010_bg.jpg

[TheBrianZoubekExperience]

Great minds think alike. I was going to post the same thought!

I don't have the time or energy (perfectionist here) to do it, but if someone does create one, I'll buy it!

PA Dukies on the same page I guess. Yeah, I'm not good with that kind of stuff but I'd def buy a shirt. Maybe someone can create one and donate profits to a Durham charity or something...

[DukeGirl4ever]

PA Dukies on the same page I guess. Yeah, I'm not good with that kind of stuff but I'd def buy a shirt. Maybe someone can create one and donate profits to a Durham charity or something...

I could just make one on my computer with a t-shirt transfer but those turn out sooooooo horrible. It's hard to get them to stick and then not fade in the wash.

Would we even be able to use the image on Zazzle since it's a Nike image?
I'd just upload that and have it printed on a shirt but add DUKE BASKETBALL, NATIONAL CHAMPS 2010 somewhere on it. IF that was allowed and I had some free time this weekend, that wouldn't take long to do.

[Duke of Nashville]

I would buy this shirt and can not find it anywhere on Nike.com anymore.

[Mike Corey]

Stay tuned to Nike making a shirt with this image and text on it.

[tbyers11]

Stay tuned to Nike making a shirt with this image and text on it.

Thanks Mike. Let me add another voice that would love to buy this shirt.

[juise]

Stay tuned to Nike making a shirt with this image and text on it.

Awesome, Mike. I live in Nike country and have been contacting my high school friends who work at Nike to see if we can make this happen. I'm guessing that you have much more direct info than I do. :)

[slower]

The link seems to go to a UConn women's tribute. Is the Duke one still there?

ETA: Found it. (http://inside.nike.com/blogs/nikebasketball/2010/04/06/duke-university-2010-champions)

Image from google cache
http://www.nike.com/global-landing/na/en_US/images/features/homepage_madness_champ2010_bg.jpg

Freaking awesome!

Even if I weren't a Duke fan, that's just a damn good graphic.

[ScreechTDX1847]

Thanks Mike. Let me add another voice that would love to buy this shirt.

I would 110% buy this shirt. I will make it myself if it never happens

[Mike Corey]

Have been told that Nike is not planning to make this shirt at this time.

However, if Duke stores receive a lot of requests for such a shirt, and they can put pressure on Nike to do so, it could happen.

[cbnaylor]

I'll just make the freakin shirt tonight. Thanks for the image......it's awesome.

[diesel]

I'm another would be buyer. Mike, could you notify Duke Stores of this thread on DBR?

[WiJoe]

I would buy this shirt and can not find it anywhere on Nike.com anymore.

Be happy to be proven wrong, but I don't think it was ever actually a "shirt". I'm sure if the Nike-istas believe they can make money on it, it will be available for purchase at some point.

[weezie]

Be happy to be proven wrong, but I don't think it was ever actually a "shirt". I'm sure if the Nike-istas believe they can make money on it, it will be available for purchase at some point.

Possibly appearing at Duke stores in a few weeks said one of the salespeople earlier today but he wasn't very specific...says they are working on it?

[Devil in the Blue Dress]

This design would make a great shirt to wear to Duke football and basketball games!

[CLT Devil]

I'd def buy that shirt as well. My bro in law owns a print press and can pretty much make any shirt he wants to...he's an App State grad but pulls for the Heels, though he really doesn't care either way. I'd have him make a screen but it starts to cost a bit, unless you have a lot of people to buy. I'mm too worried about trademark stuff.....

[ivydevil]

The image also works very very well as a desktop background, and I think I'll stick to that until the shirts come out.

[ikiru36]

Shouldn't it be a four pronged pitchfork now? (Hopefully to be five in the next year or two!) :)
Go Duke!!!!!!!!!!!!! Go Blue Devils!!!!!!!!!!!!!!!!!!!!! GTHCGTH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[BD80]

Shouldn't it be a four pronged pitchfork now? (Hopefully to be five in the next year or two!) :)
Go Duke!!!!!!!!!!!!! Go Blue Devils!!!!!!!!!!!!!!!!!!!!! GTHCGTH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lets shoot for a menorah on a long stick!

[noyac]

Yahoo covers the ad campaign...

http://rivals.yahoo.com/ncaa/basketball/blog/the_dagger/post/A-Nike-campaign-only-a-Blue-Devil-could-love;_ylt=AhWIgX6sQiHanecjuYfRBHwOvbYF?urn=ncaab,2 33854

[fidel]

Yahoo covers the ad campaign...

http://rivals.yahoo.com/ncaa/basketball/blog/the_dagger/post/A-Nike-campaign-only-a-Blue-Devil-could-love;_ylt=AhWIgX6sQiHanecjuYfRBHwOvbYF?urn=ncaab,2 33854



Somebody 9F'd in the comments thread! Go Throatybeard!

[Son of Mojo]

It's my background now and pic on facebook (sans Nike logo......). There must be a way to get this thing made up as a shirt. I could see a hat done also. C'mon Nike--make it happen!!!!

[juise]

It's my background now and pic on facebook (sans Nike logo......). There must be a way to get this thing made up as a shirt. I could see a hat done also. C'mon Nike--make it happen!!!!

I've got a bunch of Facebook friends who are using this as their profile pic. I definitely posted it on my wall the minute I saw Mike post this thread.

I have also messaged a few friends who work at Nike to see what they can do. They have both said they would ask around. I need to follow up.

[Hurley2Hill]

I grew tired of waiting!

http://woundedmessenger.files.wordpress.com/2010/04/order_t.jpg

[DevilHorns]

I grew tired of waiting!

http://woundedmessenger.files.wordpress.com/2010/04/order_t.jpg

Care to spill the beans on how you made it?

[Mike Corey]

I grew tired of waiting!

http://woundedmessenger.files.wordpress.com/2010/04/order_t.jpg

Nicely done.

Even though I'm sitting down, I'm giving you a standing ovation.

[Hurley2Hill]

Care to spill the beans on how you made it?

Well, I suppose I stole an image and had my way with it. I work for a merchandise company so it only took a few minutes to just call some people and have them...I mean, IT printed, and it was finished today. Thinking about taking that pic down, actually...I know there has to be a Nike lurker on this board...

[calvindog]

Sure, take the picture down. After you fill about 100 orders first. :)

Btw, I'm a large.

[kyriecrazy2013]

They ran a similar add on the back of the sports illustrated commemorative national champions edition. It was the entire back, the background was white. In a single column, 4 lines, 4 words in all caps.

(Duke logo, D with devil on top)
ORDER
HAS
BEEN
RESTORED
(Nike check)

When me and my friend got the magazines, we both said, thats so cool, I would totally buy a shirt with that on it!

[SmartDevil]

Rather than a t-shirt, I'd love to have this design in a high-quality poster I could frame. Perhaps smaller than poster size now that I think about it.

[Cameron]

Clearly, Nike hit gold with this among the Duke contingency. Whoever is responsible, well done.

If only they were doing their demographic homework even more closely and coming to the realization that they can hit the jackpot if they go one step further with it.

Order
Has
Been
Restored.

What I like most about it is how many pissed off Carolina and Kentucky fans there are over it. I mean Carolina fans are actually canceling their subscriptions to the magazine. Dr. Suess couldn't make this up.

[MIKESJ73]

I have been trying to load it as my Avatar on here, but keep getting "upload file failed". Works on facebook though. I have about 50 friends using it. My friend list looks like tarheel hell, lol.

Looks like it works.

[wilson]

Rather than a t-shirt, I'd love to have this design in a high-quality poster I could frame. Perhaps smaller than poster size now that I think about it.I took a razor blade and cut that ad and the SI cover out, then framed them side-by-side. It came out pretty nice.

[MIKESJ73]

It would look really nice on a Highway Billboard. Maybe the 54 Exit off 501? Anyone wana start a pot? It's only around $1500 a month and I don't think Nike would complain about any free advertising.

[DukieInKansas]

It would look really nice on a Highway Billboard. Maybe the 54 Exit off 501? Anyone wana start a pot? It's only around $1500 a month and I don't think Nike would complain about any free advertising.

I haven't checked which exit is 54, but if you promise to post pictures and reports of responses - I'm in for $100! :D

[elvis14]

Somebody 9F'd in the comments thread! Go Throatybeard!

That would be me :D (although I did misstate a few facts!)


I grew tired of waiting!

http://woundedmessenger.files.wordpress.com/2010/04/order_t.jpg

H2H, you make, we'll buy 'em! I'd paypal you for 2 right now!

[MIKESJ73]

Sorry for not being clear. I was referring to Hwy 54. The Exit to unc.

[DukieInKansas]

Sorry for not being clear. I was referring to Hwy 54. The Exit to unc.

I figured that was where you were wanting to place it. :D

[DukeGirl4ever]

Since we're on the topic of shirt production, I was messing around with Wordle.net today and made this:
(I may have to put this on Zazzle.)

[WiJoe]

Since we're on the topic of shirt production, I was messing around with Wordle.net today and made this:
(I may have to put this on Zazzle.)

Very cool. Might want to throw "2010" in there.

:D

[DukeGirl4ever]

Very cool. Might want to throw "2010" in there.

:D

I tried - for some reason, it doesn't come up. If you ever used wordle before, it's more for "educational" purposes. In order to make some of the words appear bigger than the others, you have to type them more times in a text box compared to the other words. I also tried typing "Plumlee I" and "Plumlee II" but it recognized them as separate words. I am not sure if it recognizes numbers.
I could try writing out two thousand ten but again, it wouldn't put it together...maybe I could use dashes.

[PADukeMom]

I have my issue of SI opened to this ad so I can see it as soon as I walk through the door.

Any word if Nike is going to sell this shirt?

[Mike Corey]

Any word if Nike is going to sell this shirt?

As of now, there are no plans to do so. Hopefully, that changes soon.

They're sittin' on a gold mine. Or at least a few thousand in t-shirt sales.

[WiJoe]

They're sittin' on a gold mine. Or at least a few thousand in t-shirt sales.

Gold mine: how you (?) and I see it.

Not WORTH (minor $$$$) the trouble: probably how Nike sees it.

[should_be_working]

Not to rain on anyone's parade, but as a graphic designer, if these shirts weren't made by Nike, then this is most likely illegal. If you made these yourself (or whoever made them) I'm not sure I'd be posting them on a public message board. Nike probably won't like that. Just a heads up.

[duke09hms]

nope, I didn't make these, but hey the demand is high, so get 'em while you can

[SupaDave]

The t-shirt threads have been merged b/c well of course you're still using Nike's design. I'm not totally sure the links to the shirts will stay up long.

[JaMarcus Russell]

Damn, I am going to be spending too much money on Duke gear if they make this shirt :D

I already ordered two 2010 championship shirts and Kyle Singler's "Our House" design from senior night. I also ordered a Club Tril shirt in honor of my favorite walk-on/blogger Mark Titus (not Duke related, but another fun t-shirt that I don't really need :D).

[devil84]

As you read through this thread, you'll note that there are a number of posts that have been deleted.

PLEASE DO NOT LINK TO UNAUTHORIZED SITES SELLING T-SHIRTS.

We know you want these shirts (we do too!), but unless Nike and/or Duke University is selling the Order Has Been Restored shirts, they are likely copyright infringements and Nike and/or Duke will be on them quickly. Nike, in particular, is very aggressive at protecting its copyrights.

We will delete posts containing links to any print-it-yourself places, as well as any sites that even appear to be unauthorized by the copyright holder. We will error on the side of caution here.

DBR has a strict policy against copyright infringement. Thank you for understanding.

(And just for more poster edification on a related topic, we also have a strict policy against SPAM: DBR is not a marketplace nor a compendium of links to blogs. Do not start threads with a link to your product, blog, or video.)

We now return you back to celebrating and the quest to find those (legitimate) Order Has Been Restored shirts.

[ReformedAggie]

then they should have made the shirts

[le_modeliste]

Saw Andre yesterday wearing a shirt w/ the "order has been restored" image w/ nike logo and all. It had the Duke Basketball logo on it as well.

[Hurley2Hill]

Saw Andre yesterday wearing a shirt w/ the "order has been restored" image w/ nike logo and all. It had the Duke Basketball logo on it as well.

Wow, I'd love to see that. I bet that it is special for the players and staff. Still nothing of the sort on Nike's site or Dukestores, though Dukestores has added a couple more shirts.

I really don't see Nike making these shirts for retail at this point. It's a little late in the game IMO. And, might they risk alienating more tarholes by selling the shirt? LOL

[bluepenguin]

As you read through this thread, you'll note that there are a number of posts that have been deleted.

PLEASE DO NOT LINK TO UNAUTHORIZED SITES SELLING T-SHIRTS.

We know you want these shirts (we do too!), but unless Nike and/or Duke University is selling the Order Has Been Restored shirts, they are likely copyright infringements and Nike and/or Duke will be on them quickly. Nike, in particular, is very aggressive at protecting its copyrights.

We will delete posts containing links to any print-it-yourself places, as well as any sites that even appear to be unauthorized by the copyright holder. We will error on the side of caution here.

DBR has a strict policy against copyright infringement. Thank you for understanding.

(And just for more poster edification on a related topic, we also have a strict policy against SPAM: DBR is not a marketplace nor a compendium of links to blogs. Do not start threads with a link to your product, blog, or video.)

We now return you back to celebrating and the quest to find those (legitimate) Order Has Been Restored shirts.
There seems to be some confusion on DBR's part with respect to copyrights and Nike.

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The purpose of a copyright is to protect works of authorship as fixed in a tangible form of expression.

To protect a title, slogan, or other short word phrase, generally you want a trademark. Copyright law does not protect a bare phrase, slogan, or trade name. So the phrase "Order has been restored" is not protected by copyright law. Nike might aggressively protect their copyrights as DBR alleges, but this phrase is not copyrightable and therefore not protectable as a copyright by Nike.

However, when a phrase is put on clothing it can be copyrightable (Note, Nike has NOT at this point, to the best of my knowledge, put the design on any clothing). But the protection only extends to the artistic design. Essentially, if you have a slogan or name, copyright law can protect the artistic way you display it, but the text itself is NOT protected, since copyright law does not cover names, words or short phrases.

[cato]

There seems to be some confusion on DBR's part with respect to copyrights and Nike.

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The purpose of a copyright is to protect works of authorship as fixed in a tangible form of expression.

To protect a title, slogan, or other short word phrase, generally you want a trademark. Copyright law does not protect a bare phrase, slogan, or trade name. So the phrase "Order has been restored" is not protected by copyright law. Nike might aggressively protect their copyrights as DBR alleges, but this phrase is not copyrightable and therefore not protectable as a copyright by Nike.

However, when a phrase is put on clothing it can be copyrightable (Note, Nike has NOT at this point, to the best of my knowledge, put the design on any clothing). But the protection only extends to the artistic design. Essentially, if you have a slogan or name, copyright law can protect the artistic way you display it, but the text itself is NOT protected, since copyright law does not cover names, words or short phrases.

There seems to be some confusion on some poster's part about DBR's requests re intellectual property. Regardless of discussions about the fine points of the fair use doctrine (in the context of posting premium articles) or the proper theory Nike might use to justify a cease and desist letter, DBR has made it clear that they do not want people to post links that would give someone else grounds for sending a nasty gram or asserting a claim.

Are you suggesting that there would be no grounds for a claim? Would there be enough for Nike (or someone else) to rip off a nasty gram? If so, might DBR have to get a lawyer involved?

[ReformedAggie]

Again, Nike should have made the shirts if they didn't want "us" to be inventive. Capitalism!! I understand DBR has to protect itself but shikey grace sometimes it seems the fear of the imagined legal takes a lot of fun out of life. She says this wearing her shirt and liking it a whole lot. thanks to the person who shall remain nameless for making them :)

[DukieInKansas]

There seems to be some confusion on DBR's part with respect to copyrights and Nike.

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The purpose of a copyright is to protect works of authorship as fixed in a tangible form of expression.

To protect a title, slogan, or other short word phrase, generally you want a trademark. Copyright law does not protect a bare phrase, slogan, or trade name. So the phrase "Order has been restored" is not protected by copyright law. Nike might aggressively protect their copyrights as DBR alleges, but this phrase is not copyrightable and therefore not protectable as a copyright by Nike.

However, when a phrase is put on clothing it can be copyrightable (Note, Nike has NOT at this point, to the best of my knowledge, put the design on any clothing). But the protection only extends to the artistic design. Essentially, if you have a slogan or name, copyright law can protect the artistic way you display it, but the text itself is NOT protected, since copyright law does not cover names, words or short phrases.

Of course, courts may not agree: http://www.nbcactionnews.com/news/local/story/Lawrence-Store-Owes-KU-Thousands/lJpkO8ziPkqXnAyw8uLR0A.cspx

The University of Kansas sued a local store for trademark infringement. They even opposed shirts with just the word Kansas on them. The case eventually settled for a lesser amount - $175K

[cato]

However, when a phrase is put on clothing it can be copyrightable (Note, Nike has NOT at this point, to the best of my knowledge, put the design on any clothing). But the protection only extends to the artistic design. Essentially, if you have a slogan or name, copyright law can protect the artistic way you display it, but the text itself is NOT protected, since copyright law does not cover names, words or short phrases.

I forgot to address your analysis in my last post. Since Nike actually put the phrase together with an artistic design in magazines and online, it seems to me that Nike has produced an artistic work. If someone makes a shirt using the exact design created by Nike, and not just the phrase, would that be copyright infringement?

[77devil]

To protect a title, slogan, or other short word phrase, generally you want a trademark.


Of course, courts may not agree: http://www.nbcactionnews.com/news/local/story/Lawrence-Store-Owes-KU-Thousands/lJpkO8ziPkqXnAyw8uLR0A.cspx

The University of Kansas sued a local store for trademark infringement. They even opposed shirts with just the word Kansas on them. The case eventually settled for a lesser amount - $175K

This seems perfectly consistent with Bluepenguin's trademark description above. Question remains whether or not Nike has attempted to or successfully trademarked the phrase.

Ironic that there is an avatar with the design, phrase, and swoosh logo posted in this thread given the apparent DBR concern for culpability.

[duke09hms]

my shirts just came in today, and they look nice!

hint: spreadshirt is helpful, dukechamps!!

[DukieInKansas]

This seems perfectly consistent with Bluepenguin's trademark description above. Question remains whether or not Nike has attempted to or successfully trademarked the phrase.

Ironic that there is an avatar with the design, phrase, and swoosh logo posted in this thread given the apparent DBR concern for culpability.

I found it interesting the KU argued using the word Kansas, which is the name of a state and used many ways, was a trademark infringement. There wasn't a Jayhawk on some of the shirts - just the word. Seemed just a bit overbearing. (Of course, I would expect nothing less from Lew Perkins.)

[cato]

Ironic that there is an avatar with the design, phrase, and swoosh logo posted in this thread given the apparent DBR concern for culpability.

I'm not sure that I see the connection. Are you comparing using an image as an avatar to selling t-shirts?

[77devil]

I'm not sure that I see the connection. Are you comparing using an image as an avatar to selling t-shirts?

My point was that DBR has permitted an obvious, unauthorized replication of Nike intellectual property on the site, while getting into a lather(see moderator Devil84 post) about links to an alleged, unauthorized t-shirt distributor.

[bluepenguin]

There seems to be some confusion on some poster's part about DBR's requests re intellectual property. Regardless of discussions about the fine points of the fair use doctrine (in the context of posting premium articles) or the proper theory Nike might use to justify a cease and desist letter, DBR has made it clear that they do not want people to post links that would give someone else grounds for sending a nasty gram or asserting a claim.

Are you suggesting that there would be no grounds for a claim? Would there be enough for Nike (or someone else) to rip off a nasty gram? If so, might DBR have to get a lawyer involved?
I didn't read any post here that seems to be confused with DBR's policy. I have no problem with DBR removing the posts and wanting to err on the side of caution. However, I do have a problem with DBR using improper analysis on which to base their decision. I would rather DBR simply say "because we said so," than to try to justify their actions on unresearched rationale.
And, no I don't see any grounds for Nike coming after DBR because someone post's a link to where tshirts can be purchased. And I seriously doubt DBR would need an attorney for this.

[bluepenguin]

This seems perfectly consistent with Bluepenguin's trademark description above. Question remains whether or not Nike has attempted to or successfully trademarked the phrase.

A quick search of the United States Patent and Trademark Office's Trademark Electronic Search System shows no registration or application for "order has been restored."

[devil84]

Apparently there is some confusion on what I posted, so let me try again:

PLEASE DO NOT LINK TO UNAUTHORIZED SITES SELLING T-SHIRTS.

Why?
1. This is not a marketplace. Links to products off of this site can be considered SPAM.
2. There COULD be a question of copyrights, and DBR won't be a party to aiding others in profiting from copyright infringement. We will error on the side of caution in this. In this case, there's a graphic that was used in an advertisement by Nike and is now on print-it-yourself t-shirt sites in various versions that are essentially similar to the Nike ad. This is close enough for us.

Avatars are different. Avatars seem to fall under the fair use doctrine as there doesn't seem to be any effect on the potential market value of the graphic. If we find that companies are seeking to protect their copyrights from avatars, you can be certain that we will be asking everyone to take down any avatar that is not a photograph they have taken or their own original graphic.

[cato]

However, I do have a problem with DBR using improper analysis on which to base their decision.

I'm not really sold that there is anything wrong with DBR's analysis, but I'm not an IP lawyer. I am interested, though, so I'll ask this again:

Since Nike actually put the phrase together with an artistic design in magazines and online, it seems to me that Nike has produced an artistic work. If someone makes a shirt using the exact design created by Nike, and not just the phrase, would that be copyright infringement?

[devil84]

Since Nike actually put the phrase together with an artistic design in magazines and online, it seems to me that Nike has produced an artistic work. If someone makes a shirt using the exact design created by Nike, and not just the phrase, would that be copyright infringement?

I am not an IP lawyer either, but I did major in art. Taking the artistic work as is but modifying the font of the text and removing the original logo doesn't amount to a large change. In determining fair use, these are the criteria (http://www.copyright.gov/fls/fl102.html):

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Selling the t-shirts is a commercial venture, it doesn't bode well for fair use (education and news reporting are the most often cited fair uses). Given that the graphics in question are substantially the same as the original, that doesn't bode well, either. A potential market for that Nike graphic would be t-shirts and other souvenirs, so those slightly modified graphics would be in direct competition for Nike's POTENTIAL market. That Nike currently chooses not to make it into t-shirts doesn't matter, as they still could do so in the future.

I don't know if Nike does or does not hold the copyright or if they choose to pursue any possible violations of their copyright. I don't know if the people got permission from Nike to use the graphic. But what I learned as an art major is that if similar changes were made to my own artwork and sold by someone else without my permission, calling an IP attorney is a prudent decision.

[le_modeliste]

just a quick update - Andre was in line just behind me buying funnel cake yesterday wearing a white version of the same shirt, and some guy came up and asked him if they were for sale. I couldn't hear his full response (ldoc is pretty loud) but he definitely said "I don't know" at the beginning - sounded like they were given to the players, since I saw Kelly wandering around in the same shirt later. I was also amused to see that the back of the shirt had the standard 3-pronged trident with an extra one added on the side :)

[ohioguy2]

I e-mailed Nike--got this reply:


While we do not currently make a shirt like this, it is an excellent idea. There is a growing list of people who would like to see this. I will surely add your name to it. Hopefully we can have one soon. If you have any further questions or concerns please reply to this email or chat with us at the link below, 5 a.m. - 10 p.m. Pacific Time, Seven days a week.

http://www.nike.com/help/us/#/contact-us

[Duvall]

Limited edition (http://tweetphoto.com/19947574).

[HaveFunExpectToWin]

Limited edition (http://tweetphoto.com/19947574).

Did you me this?

http://twitgoo.com/tz1xy

http://i40.tinypic.com/28lq8v6.jpg

[Mike Corey]

This is a teaser from Nike, IMO. The shirts will be available for sale eventually.

Hopefully they'll not duplicate the Sports Illustrated ad, which isn't nearly as appealing as the web-based design.

[Mike Corey]

Rumor is that the shirts won't be sold en masse because Roy-Will objected to the implications of the slogan...

[WiJoe]

Rumor is that the shirts won't be sold en masse because Roy-Will objected to the implications of the slogan...

Seriously?

[Battery]

They'll probably be a protest in Carrboro regarding this matter.

[juise]

Seriously?

Are you questioning whether Roy could really be that childish and petty? Hmmm.... ;)

[stillcrazie]

They'll probably be a protest in Carrboro regarding this matter.

I wore a 2010 NCAA Champions t-shirt in Carrboro recently and was stunned to see people do a double-take and then look down at the ground and keep walking.

[Stray Gator]

Rumor is that the shirts won't be sold en masse because Roy-Will objected to the implications of the slogan...

If this rumor is true, then someone should find a way to get those t-shirts produced for sale so that Duke fans can wear them to Roy's first call-in show next season.

[blueprofessor]

I wore a 2010 NCAA Champions t-shirt in Carrboro recently and was stunned to see people do a double-take and then look down at the ground and keep walking.

My son wore one to school and tennis practice yesterday. Less than 10 kids in classes recognized the significance--they smiled and caught on immediately.
At tennis practice, everybody understood and most commented how great the shirt is.
The coach's son goes to UVA, but the coach, a Marine (for life?) really likes Duke!
Knockoffs or originals, these shirts are the best I have seen in 20 years.

"Order has been restored" ,w/o mentioning Duke, reminds me of K's philosophy of don't celebrate too much...after all, we've been here before!

Best regards---and BTW, Order has been restored! Blueprofessor:D

[HaveFunExpectToWin]

I meant to include this earlier. These shirts appear to have only been printed for the team and staff.


@dukeblueplanet There are no plans as of now to sell the Order Has Been Restored shirts. Only a small number were printed.

Unrelated - if you're on twitter, I highly recommend following @dukeblueplanet. They regularly scoop the various Duke fan websites.

[WiJoe]

http://i40.tinypic.com/28lq8v6.jpg

I want THIS SHIRT and will accept nothing less. Well, OK, I may accept something less, but I won't like it.

:mad:

[bluepenguin]

I am not an IP lawyer either, but I did major in art. Taking the artistic work as is but modifying the font of the text and removing the original logo doesn't amount to a large change. In determining fair use, these are the criteria (http://www.copyright.gov/fls/fl102.html):

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Selling the t-shirts is a commercial venture, it doesn't bode well for fair use (education and news reporting are the most often cited fair uses). Given that the graphics in question are substantially the same as the original, that doesn't bode well, either. A potential market for that Nike graphic would be t-shirts and other souvenirs, so those slightly modified graphics would be in direct competition for Nike's POTENTIAL market. That Nike currently chooses not to make it into t-shirts doesn't matter, as they still could do so in the future.

I don't know if Nike does or does not hold the copyright or if they choose to pursue any possible violations of their copyright. I don't know if the people got permission from Nike to use the graphic. But what I learned as an art major is that if similar changes were made to my own artwork and sold by someone else without my permission, calling an IP attorney is a prudent decision.

As I have said in all my prior posts, as a lawyer while I think your analysis is flawed, I respect DBR's decision to remove links to sites selling T-shirts. It is DBR's right to do so and protect itself how it sees fit.

I would suggest based on your analysis, Nike would be in trouble. See this tshirt made in 2008: http://www.tidefans.com/forums/football/80067-get-t-shirt-order-has-been-restored-alabama-36-auburn-0-a.html
or this one from 2006:http://www.cornnation.com/2006/11/25/204642/72

:)

[bluepenguin]

Rumor is that the shirts won't be sold en masse because Roy-Will objected to the implications of the slogan...
they won't be sold because the slogan is not original!
http://www.tidefans.com/forums/football/80067-get-t-shirt-order-has-been-restored-alabama-36-auburn-0-a.html
:)

[ReformedAggie]

wearing my shirt and enjoying the heck out of it legal or not

[Welcome2DaSlopes]

http://i40.tinypic.com/28lq8v6.jpg

I want THIS SHIRT and will accept nothing less. Well, OK, I may accept something less, but I won't like it.

:mad:
This is from Dukeblueplanet's twitter page

There are no plans as of now to sell the Order Has Been Restored shirts. Only a small number were printed.

[WiJoe]

this is from dukeblueplanet's twitter page


bummer

[cato]

as a lawyer . . . I think your analysis is flawed

I still don't understand your analysis. You have said that you can't copy right a slogan. Fine. It may have been 10 years since I took IP in law school, but I remember that much.

What you didn't address were the facts: someone took an image (which incorporates a slogan) created by Nike, printed up a bunch of shirts, and sold them. How is that not copyright infringement? I may be missing something, but I would like to know what exactly I'm missing.

[whyteshoes]

Not sure if this is old news or not, but the recent Scheyer "gaming to give" event produced the following pic of the shirt that we all want!

http://www.blueplanetshots.com/2009-10/In-the-Community/Jon-Scheyer-May-Madness/12029489_adTm9#853904347_LCEpH-A-LB