Why can you copyright a Helloween T-shirt and not a phone model?

@LuciCJ (197)
Cluj-Napoca, Romania
October 28, 2016 3:18am CST
With Helloween approaching, it proves that more and more people are attracted to the "Daddy's lil' monster" T-shirt made iconic by DC Comics' Harley Quinn character. What is interesting is that the logo is actually copyrighted, so most likely if you get to buy it from an unofficial online store or from someone posting it on an auctions site, it will actually be a fake. And, if discovered, the seller can be sued for copyright infringement. However, in the mobile phone industry things seem to be different: you can buy legally, with a valid invoice and warranty, phones like the Gionnee S6 or Red Mi Note 3 and Note 4. Obviously, these model codes were used by a far more famous phone manufacturer - Samsung - for its premium range of devices. So no wonder why some near-anonymous phone brands would try replicating its model codes, in the hope that their no-name products would be able to gather at least a part of the success a top brand like Samsung had. But what I'm wondering is: why can it be copyright infringement to sell a T-shirt roughly resembling that of a movie and comics character, but it seems fine to mislead people in thinking they buy a premium quality phone, when what you are selling them is a cheap, no-name one?
2 people like this
1 response
@topffer (42156)
• France
28 Oct 16
It is possible to deposit an original design/model for a phone, and to prosecute counterfeiters, but if the design is not exactly the same, it will be considered like fair use and not like a counterfeit by a court.
1 person likes this