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ChirpedOut · October 17th, 2008

I have a question about copyright infringement on pro and college sports teams. I have made a few shirts for a few local high schools that use the same logo as professional or college sports teams. For example we have a school that uses the exact same G that Georgia uses and that the Green Bay Packers use. Can I put it on a t-shirt and sell it? I know that there are other local shops who sell shirts with that design on it? There are some others too. I have on my site a patriots logo that is actually used by a local high school. It is the old Boston Patriots logo but other shops and the school store sell it. Can I? And if not, how can they get away with it?

Thanks for all of your help.

AustinJeff · October 17th, 2008

This is a very common problem. It's an issue of trademark -- not copyright -- violation. There are no exceptions in the law for schools, so a violation is a violation. Two very large high schools in my area recently had to change their logos because they were similar to protected college logos.

So how do people get away with it? In a way, it's like speeding. Go out on a highway and any time and you will see hundreds of people speeding and getting away with it. That doesn't mean it's legal. It doesn't mean they will continue to get away with it. And it certainly doesn't mean that if you try it, you will get away.

But there's also another factor here -- the trademark holders know that it is bad p.r. to go after beloved high schools, so they tend to tread lightly.

proworlded · October 17th, 2008

I suggest consulting with an intellectual property to get an answer to your questions.

proworlded · October 17th, 2008

Sorry, that was an intellectual property attorney.

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