Using illustrations in merchandise

[Guest]

Hello,

I bought the Extended License of an illustration that is almost identical to the BTS logo (a Korean k-pop band). I am new to this, and I am not sure if I can use this image in my merchandise, even though Adobe's "License Terms" and "Terms and Conditions" clearly state that I can use the image for commercial purposes. I am wondering if I break any trademark laws and if I could get sued by Big Hit Entertainment (the company that owns BTS).

The image that I bought is here

https://stock.adobe.com/search?load_type=search&native_visual_search=&similar_content_id=&is_recent_...

And this is the official trademarked BTS logo:

https://branddb.wipo.int/branddb/jsp/data.jsp?SOURCE=USTM&KEY=87946742&TYPE=jpg&qi=0-NymvUSuvC3JvC45...

I'm new at this and I really don't know how these things work.

If anyone with actual knowledge about copyright/trademark can enlighten me, it would be very, very much appreciated.

Thank you!

[Abambo · Accepted solution]

Well, BTS is a Korean boy band. The file to license on Adobe stock even says so. I would expect problems using this file, especially if you want to use it for merchandising without a licence for products related to BTS.

Yes, the licensing terms allow you to use it for merchandising, but here the question is if the data is legally allowed to be included into the database. And that is probably disputed at most. I would contact Adobe customer care for a refund. Adobe customer care can be contacted by beginning a secure chat session at https://helpx.adobe.com/contact.html?rghtup=autoOpen. Pop-up blockers need to be disabled! If the chat window fails to open, or is non-responsive, use a different device to start the interaction.
Support phone numbers may be found here: https://helpx.adobe.com/contact/phone.html. Please note that phone charges may apply.

(see also here: https://community.adobe.com/t5/creative-cloud-services/how-to-contact-adobe-support/td-p/11875703 or here
https://community.adobe.com/t5/account-payment-plan/how-to-contact-adobe-support/td-p/11843852)

And may be @Contributor1 will take a look at your post here and check what needs to be done.

Look here for more information on licensing: https://community.adobe.com/t5/stock/links-for-licensing-terms/td-p/11366788
(Disclaimer: As always with licensing, this is my interpretation of the rules. I think they are correct and advice is based on reading and interpreting the licence terms and on fair use for both the buyer and the artist/stock company, but I cannot rule out that my interpretation is wrong. I'm not an Adobe employee).

[Guest]

I have contacted them and they said they will refund the money as a "goodwill". I plan giving them back anyway by purchasing other images, I just need to be more careful, apparently.

Thank you very much for your help!