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Trademark searches: if I add a word to a trademark does it make it legal?



 
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Old November 15th, 2007 Nov 15, 2007 12:10:42 PM -   #1 (permalink)
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Default Trademark searches: if I add a word to a trademark does it make it legal?

I did a trademark search on oakland raiders and that was trademarked. but i also did a trademark search on oakland raiders football and nothing came up. does that mean I can say oakland raiders football on a shirt? if not can I use raiders football since that didnt show up either?
 
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Old November 15th, 2007 Nov 15, 2007 1:27:39 PM -   #2 (permalink)
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Default Re: Trademark searches

You're talking about a gray area here. I believe the "Raiders" trademark incorporates a specific font, shape and colors etc. If you simply add the word "football" to their registered trademrk logo, you are in violation.
Anything you print that says "Oakland Raiders", "Raiders football", "Oakland Raiders football" etc, could be constrewed in court as a violation of trademrk. It often depends on how similar it is and who has the better lawyer, or the most $$$ in those cases.

I do know the NFL and it's teams are very protective of their products and logos. They also have virtually unlimited funds to prosecute those who would try to financially gain using their image or "likeness".

If your "Raiders" design was different enough to not be in violation of their trademark, it would probably look quite cheezy and definately not portray the "look" of the Raiders logo. Perhaps making the effort a waiste or time.

People often get away with trademark/copywrite infringement because they fly "under the radar" by being small or unoticed. That DOES NOT make it ok or right.

In a case like this regarding trademarks and copywrites, if you are unsure and can't afford a qualified "tradmark and/or copywrite" lawyer, it's always better to be safe than sorry, and DO THE RIGHT THING!

In the world of trademarks and copywrites, common respect and ethics dictates a "Do unto others as you would have others do unto you" mentality.

Would you want someone pirating your product image or likeness? Probably not.

Of course, I'm not a lawyer and this is all just my opinion.

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Old November 15th, 2007 Nov 15, 2007 2:22:12 PM -   #3 (permalink)
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Default Re: Trademark searches

It's possible that the word "football" is not a part of the raiders trademark. Football is the name of tha ball used in the game. In the trademark of my Co's name I could not trademark the word Sportswear because it's a word describing a certain apparel

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Old November 15th, 2007 Nov 15, 2007 2:32:32 PM -   #4 (permalink)
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Default Re: Trademark searches

I would search for " Raiders" and you will probably find it. Any nfl team is going to be highly protected and would definately be infringement.
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Old November 16th, 2007 Nov 16, 2007 10:56:44 AM -   #5 (permalink)
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Default Re: Trademark searches

Quote:
does that mean I can say oakland raiders football on a shirt
No. It still contains their trademark.

Same as if you wanted to print a t-shirt that said "Nike Basketball Happiness"

Still has the Nike trademark in it. Adding extra words doesn't make it legal.

Quote:
if not can I use raiders football since that didnt show up either?
No.

Not without permission from the Oakland Raiders football team and the NFL.

They get serious about people trying to print unlicensed merchandise.
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Old November 16th, 2007 Nov 16, 2007 11:27:09 PM -   #6 (permalink)
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Default Re: Trademark searches

Quote:
Originally Posted by HulaArt
You're talking about a gray area here.
It's not grey at all, it's "oops, I got sued and lost my possessions, how careless of me."

(I know you're quite clear you don't recommend it, I'm just saying there's not as much doubt as even your opening sentence implies)
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Old November 17th, 2007 Nov 17, 2007 10:17:43 AM -   #7 (permalink)
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Default Re: Trademark searches: if I add a word to a trademark does it make it legal?

Solmu, thank you for the clarification! I should have been more specific.
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