[HoosierBoy]

We have produced screened and embroidered apparel for local High Schools for years. We now are entertaining launching our own school logoed apparel to sell at games and perhaps on line.

All of the school logos are pretty common - Lions, tigers, bears, warriors, huskies, patriots, cougars and U's, A's, etc. These seem to be in the public domain.

Will I be illegal if I sell apparel with High School logo's on them?

 

[Jasonda]

Only art that has been specifically released into the public domain by the artist can be used without permission. You will need to get permission before selling shirts with school logos. Using them without permission would be illegal.

Any doubts, talk to an IP (intellectual property) lawyer.

 

[HoosierBoy]

Will we be in violation even though we have used the logo's before for their school teams and the Pop Warner teams that use their logo's? We have produced logo'd items for Pop Warner that use the High School logo's.

Many of the logo's are the same as some colleges.

 

[Solmu]

Will we be in violation even though we have used the logo's before for their school teams

Having made authorised renditions in the past does not grant you permission to make unauthorised copies in the future.

 

[COEDS]

If your making designs for the the school with there permission it would be ok. If your making the items to sell yourself, then the answer is no. I think it's always best to make spirit wear with the school oganization involvement. this helps the schools raise funds and keeps the community happy that your not taking away from school fundraising. I have got several jobs through working with schools. ... JB

 

[Jasonda]

You left a message on my profile regarding this issue. What I said above still stands. There is plenty of artwork, etc. in the public domain - HOWEVER, something can only be in the public domain IF the person who made it or the person who owns it specifically permits it to be released to the public domain.

Basically it boils down to this - unless you made the image (and not FOR someone else), you have specific permission to use it (for the purpose for which you want to use it), or the image is actually in the public domain, you don't have any rights to the image and using it is illegal. If you do a little research on copyright you will see what I am saying is true.

If you don't believe me that's your call - but you will save yourself a world of trouble if you do. Either that or go talk to an IP lawyer (I'm not one). Public forums are generally not a good place to get legal advice.

 

[Masterkoin]

I would recommend you get something in writing anytime you use a school logo even with a related organization to keep yourself out of trouble, but for sure if you are planning on retailing items with the logo. Even though we use different colors and have used it for years, our school has reached an agreement with the University of Miami and the school pays them $1k per year to use the split U. For any organization to use the logo, they have to have written permission from the school board and so far as a vendor, I haven't been able to get permission for retail products. So, I just have to be creative and avoid direct use of the logo for now at least.

 

[wormil]

First I would contact the school and ask if that is the school's logo. Some schools just use generic animal clip-art as their mascot which isn't the same as having a logo. Generic clip-art of a tiger is just generic clip-art of a tiger. But some schools actually hire artists to create a mascot for school use. Even if they own the mascot you could still get permission in return for donating a portion of sales to the school athletics program. So before wasting money on an IP lawyer, do the sensible thing and go talk to the school.

 

[ocean502]

What if it is my own design, using the schools name? And say my own "spear?" (Redskins)

 

[foot print]

most school logos that i have seen are either a pro team or a college team logos and usually only the names and colors are changed to protect the guilty.

 

[kimura-mma]

It would be illegal to use the school's name without permission.

You can create your own version of the logo, but don't be surprised if the school still takes action against you for selling shirts that are similar to the school's official merchandise.

 

[kimura-mma]

most school logos that i have seen are either a pro team or a college team logos and usually only the names and colors are changed to protect the guilty.

Most high school and youth sports leagues get permission to use those logos. That does not grant someone else the right to use it.

 

[jean518]

Is it worth possibly losing the school business for? The items you are making for them now are probably being sold at games,etc. That is what they want them for. The proceeds are then used for school stuff. One of the local screen print shops has booths in local stores with the school stuff on it. Does any of that money go back to the school? I don't know. I would definitely talk to the schools involved.