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That said, if this is just a T-shirt for you, it’s unlikely that you will be prosecuted because the Santa Claus If You Don’t Like Wisconsin Badgers Merry Kissmyass Shirt also I will do this owners probably won’t know and likely can’t be bothered — but they may decide to make an example of you. If you sell lots of these they’ll eventually notice and may sue you at that point. Fan Art is a bit of a gray area. Some rights holders love it and are happy to let it happen, others not to much. When it comes to trademarks, however, a company is required to defend its trademark, otherwise it can lose trademark protection. Yes, you may copyright your design. However, you should know that unless you have the money to defend yourself if someone else uses it spending the time and money to do a copyright might not be the best thing to do. That said, it has been held in some courts that if you include the copyright symbol © , the year, and your name it implies intent to copyright it and it is often just as good as a formal filing. This information has to be legibly placed on EVERY copy.
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