Trademark/Licensing

All t-shirts sold on this site are trademarked by owner and have no affiliation to “Distressed Out.” They own all images and licensing from first sale. There are no tags indicating that the upcycled items are affiliate for sponsored by the band in anyway. These are purchased items directly from a licensed retailer or distributor for embellishment and resale. 

Copyright law permits the purchaser of a copyrighted work to resell, destroy, or do whatever they want to that work, as long as they don't step on any of the copyright owner's exclusive rights. This principle is known as the first sale doctrine, and that's why people can sell used books, movies, and music on eBay and Amazon. The term "first sale doctrine" comes from the fact that the copyright owner maintains control over a specific copy only until it is first sold. (One exception: If it's a limited edition artwork or fine art work -- for example, signed and numbered photographs created in limited editions of 200 or fewer copies -- you can't destroy it). 

We assert that, in the context of the Internet secondary market, whether the distributor is affiliated with the manufacturer is irrelevant, as long as the goods are genuine and the reseller disclaims any association with the mark owner. Courts should apply a presumption of no affiliation between the reseller and the manufacturer, and actual deception should be required for any Lanham Act claim. We also propose a legislative strengthening of the trademark first-sale doctrine as applied to on-line sales so that it more closely resembles the doctrine’s application in a brick-and-mortar setting.