Closed..........

[Pete_10]

Your cutting it pretty fine to these Rockhampton guys!

http://ridehostile.com/

 

[rabatt]

mm i agrea, hostyle and hostile sound the same when you say it.

make it iride?

 

[rockyash]

Here bro,

Heres the latest Rollin on 26's design that Hostile Riding Systems are getting printed up. You might as well steal it too while your at it.

They are printed on high qual, sweatshop free tees. These new tees have the sweetest fit.

peace.

 

[j5ive]

Right click, save as
Start-> Programs -> Accessories ->Ms Paint
Paintbrush, I to Y.

Instant Millionaire.

Dude. Seriously, you have been warned about Hostyle. Next step for Hostile will be legal action. Hope your olds will pony up.

 

[scotty beefs]

Thanks Dan, wasn't aware of Ride Hostile, they have got some awesome tees. However my tees are not just MTB related and it is a registered business and a different name aswell

You're aware of the site you can go to and search all registered business names in Australia right? Hmm search for Hostyle brings up this - far out, you weren't lying, registered in 1994

http://www.hostyleclothing.com/

I'm assuming you didn't get into design and sales of hospitality clothing at the age of 13....if you did however and this is a natural evolution in your design process feel free to use my design i've attached.

 

[eyes]

Thanks Dan, wasn't aware of Ride Hostile, they have got some awesome tees. However my tees are not just MTB related and it is a registered business and a different name aswell

Hey mate you can potentially get yourself in a lot of shit by not heeding everyones comments. They are not necessarily ragging on your t-shirts or your ideas, but the fact that your promoting your gear under a similar name as an existing brand.

Also, is your business really registered? As HOSTYLE INDUSTRIES? I couln't find it in the business register - and my point is, that is the first place anyone will look when you make a claim like that. If you do have a business registered, you should have said what it was, and not alluded to the fact that is it is the name in question.

Again, I really think if you want to make your brand stand out, whatever the name, asking for photos on the forum is not a good idea. If you are taking the line of "... I am a t-shirt maker, and I can provide you a shirt with your own cool shots on it..." that's ok. But realise that although people are giving you photos, that doesn't necessarily give you the right to print them.

Sure they've written in the forum "... here you go, here's my photo..." but I'm not sure if that's legally ok. How old are they? If they are under 18, I seriously doubt whether their forum post is worth 2 cents. Also, if someone is posting up a photo, 98% of the time, the photo is of someone else - unless they set up the shot on timer or trigger and shot themselves.

Just be careful, you're obviously pissing a few people off - maybe give them a call to sort it out. Lashing out at them in the forum is probably not the best idea.

 

[Binaural]

Give it up, there is no way another clothing business called Hostyle are going to play nice with you over this. The moment you try and sell some of these shirts under the same name (forget arguing about the "... industries" postfix, the legal test does not require it to be exactly the same) and it shows up on Google or they hear of it, you are going to get a cease and desist letter from a lawyer. You may have to pay their costs even if it does not go to court.

The long and short of it - you are definitely infringing on Hostyle's pre-existing clothing trading name rights and probably on Hostile riding system's trademark as well. Even if by some miracle they are so stupid as to allow you to dilute their name recognition, your own name recognition will be affected by their company. Rebrand your stuff, don't stick your head in the sand.

Regarding the legality of using shots of a rider who has not given you their consent, in Australia you have no right to not be photographed or have your photo used without your permission, so there are no legal issues there. If you ever sell shirts to Europe, then be aware if someone objects to you using their image then they can sued you.

 

[patto_15]

in Australia you have no right to not be photographed or have your photo used without your permission, so there are no legal issues there.

Is than in regards to any image or just in regard into what the image displays? ie. The person in the photo?

 

[eyes]

...Regarding the legality of using shots of a rider who has not given you their consent, in Australia you have no right to not be photographed or have your photo used without your permission, so there are no legal issues there. If you ever sell shirts to Europe, then be aware if someone objects to you using their image then they can sued you.

Out of interest - what's your reference on that?

 

[Binaural]

Is than in regards to any image or just in regard into what the image displays? ie. The person in the photo?

In Australia, the only thing you have a right to is privacy. So you can't publish nude photos of someone, but a general photo in the street or on the track is not a problem. There are certain restrictions while _on_ private property, but not restrictions for taking photos _of_ private property. So if you use a photo of someone riding their backyard from their backyard they must give consent (even if only implicitly by allowing you in there) but if you took it from the street next door you'd be fine. A bit strange, but consistent with the legal principle of obeying your hosts within reason on private property.

Check out here, this is well researched.

http://www.4020.net/words/photorights.php

Incidentally, the reason I know this is because it is not the same everywhere. In Germany, you have to give consent for a recognizable photo of you to be published and infringements are heavily penalized. It cost my girlfriend's ad agency 5000 euros to print a celeb photo they objected to, for example, because they had a deadline to meet and thought they could get away without getting consent. Some celebs over there do this sort of thing as a matter of routine to control images of themselves.

 

[patto_15]

Thats interesting

How about permission through the actual photographer(s)...?

As say some of the images posted in this thread being for US based photographers and they were used in the design... ?

 

[Binaural]

Thats interesting

How about permission through the actual photographer(s)...?

As say some of the images posted in this thread being for US based photographers and they were used in the design... ?

It would depend on where the shirts were sold. If they are sold in Australia you are probably fine, but you may face legal action if you enter the USA depending on the legal situation there, which I don't know anything about.

 

[eyes]

...Check out here, this is well researched...

Thanks - interesting.