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[CLOTHING LINE] using the last name of a sports star



 
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Old April 21st, 2009 Apr 21, 2009 8:25:26 PM -   #1 (permalink)
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Default using the last name of a sports star

if i design my own drawing will it be illegal if i just use the last name of an athelete? for example instead of kevin gatnet just using "garnet". i have nothing that represents the athalete except his number but no pic or logo.
 
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Old April 21st, 2009 Apr 21, 2009 9:11:51 PM -   #2 (permalink)
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Default Re: using the last name of a sports star

It's thorny. You are trying to make money off someone else's image; it could be seen as passing off, trademark infringement, and/or personality rights infringement.

If you were obvious about it, it would definitely be.

The more you take away, the less value the design has to you and your customers, and the harder it is for the person you're ripping off to prove it.

Still, player names and numbers (for example) are pretty explicit. The entire value depends on making a reference that draws a connection in the viewer's mind. So if you fail to do that, your now legally safe design becomes fairly worthless. And if your design does have value, it's because you managed to connect with someone else's intellectual property. Meaning they can sue you.

Diminishing returns means it's theoretically possible you'll reach a point where you can scrape a small amount of value without being worth the cost or effort of suing. It's not a particularly rewarding game to play, financially, ethically, or artistically.

We can't give you a definitive answer (for that you'd need to get sued and see what a judge rules, or for the next best thing consult a lawyer to guess what the judge would rule), but you're not in a good place if you're trying this.
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Old April 22nd, 2009 Apr 22, 2009 12:12:35 PM -   #3 (permalink)
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Default Re: using the last name of a sports star

if you have a lot of money to fend off lawsuit...go ahead...but maybe best answer is do it on your own and not on someone's identity or image or name or..????
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Old May 7th, 2009 May 7, 2009 1:22:43 PM -   #4 (permalink)
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Default Re: using the last name of a sports star

I see these posts all the time...if you are asking if you can be sued or if it is legal? simple answer, if its questionable, don't do it. You obviously already have a moral delema about it. I never fight my morals, if i wonder if it is wrong, or i can be sued, i forget it.
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