[RC1981]

to use there name and logos, do i need a release?

and for colleges, lets use Maryland Terps for example..
am i breaking laws by using the word 'MARYLAND' and using a designed logo i made 'similer'ish'(but differant) to there schools logo in the same school colors, and selling?

another ?
if i buy shirts with tags an remove then for my own tag, is that ok or must i leave there tags on too?

 

[kimura-mma]

to use there name and logos, do i need a release?

Yes you do.

Many high school names and logos are trademarked at the state level. And many schools use the same logos as pro or college sports teams, so they are trademarked at the federal level too.

In some cases, school names and logos may be public domain. So you can speak to a local IP attorney and ask a few questions. But it's always best just to contact the school and get permission.

and for colleges, lets use Maryland Terps for example..
am i breaking laws by using the word 'MARYLAND' and using a designed logo i made 'similer'ish'(but differant) to there schools logo in the same school colors, and selling?

Yes, you would be committing trademark infringement.

Official college merchandise is a multi-million dollar industry. It requires a license to design, produce and sell this type of product. You would need to go through one of the two major licensing agencies to do this legally (the CLC or LRG).

Creating and selling your own product without license or permission is very risky and you could be sued.

if i buy shirts with tags an remove then for my own tag, is that ok or must i leave there tags on too?

It is ok to remove the tags and re-label with your own custom tag. But you need to follow the proper guidelines. Make sure all of the info from the original tag is on your custom tag.

For more details, read the FTC site on re-labeling:
Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts | BCP Business Center

 

[HumbleShirts]

I call BS on that. There are companies that aren't even in our state that cut deals with the local grocery stores and even Walmart and sell locally school branded t-shirts without the school's knowledge or participation in the profits. This hurts the local printers vying for the school business in our area.

 

[kimura-mma]

I call BS on that. There are companies that aren't even in our state that cut deals with the local grocery stores and even Walmart and sell locally school branded t-shirts without the school's knowledge or participation in the profits. This hurts the local printers vying for the school business in our area.

Just because companies are doing this does not make it legal. The schools should contact an attorney to discuss how they can protect their intellectual property or negotiate licensing fees and royalties.

Unless of course the school names and logos are public domain. Then it's legal for these companies to do what they are doing.

 

[HumbleShirts]

Dude, you're living in a dream world. K-12 school admins could care less about what's being printed with their names on it. Any dealing with merchandise for the school or groups within the schools are all parent volunteers and they're not going to make extra work for themselves by hiring attorneys to go after those people that operate in another state. I say just print what you want for the local schools and roll in.

 

[kimura-mma]

K-12 school admins could care less about what's being printed with their names on it. Any dealing with merchandise for the school or groups within the schools are all parent volunteers and they're not going to make extra work for themselves by hiring attorneys to go after those people that operate in another state.

This may be true in your area. But it's foolish to assume that all high schools operate the same way and completely disregard their IP rights. My high school's logo was the same as the Chicago Blackhawks. Even if the high school administrators don't care if I use it, the NHL sure would.

I'm not suggesting it's automatically illegal to use high school names and logos. Many are in the public domain. I'm just saying it's worth contacting a local attorney or contact the school directly to ask questions and get more info before assuming it's legal to use.

 

[ryan barker]

i use our local mascot, the pirates, all the time (mostly on plaques, but it's still the same deal). that's incredibly generic, though. vikings, rams, elks... no problems, at least so far. there's only one that i feel might raise an eyebrow, the t-bolts, but it's more distinctive.

it's possible, but i've never heard of a high school going after a screen printer. i could see it under extraordinary circumstances or if the HS felt it's mascot was being used in an insulting manner. shoo, most schools will rent you booth space at a football game to sell the stuff you print. if my HS sued me, i'd literally sell my shop and move south, lol.

while i still feel that colleges should, at least, be more open to letting the small guys like me make stuff, tim did talk me out of the license for a state school being free, lol. part of my consternation with the whole thing is finding out financials is difficult, if not prit near impossible, which i'm totally opposed to for schools that receive my tax dollars (how much i couldn't tell you ~ i searched and searched for specifics, but it's like information we're not supposed to readily locate). the books should be open and easy to find to anyone who wants to see them. just my little rant on that.

 

[genesis39]

Again, this site is so informative!

After reading this thread, I will call the schools just to be on the safe side since my "new" business is geared towards high school students and their mascots.

 

[ryan barker]

if you call, talk to the athletic director first. i honestly don't know of any place that has a PTA anymore, but every place still has a school board (and yet another gargantuan waste of taxpayer money in a lot of cases, imo), and there you are definitely sure to get an answer as they will have easier access to their lawyer if they need to ask a question. were it me, i'd send the school board an e-mail.

 

[SquareBiz]

I know for sure some High Schools have Trademark Names and Mascots.(15yr Coach and Teacher) But these schools are mostly National Powerhouse sports programs that are sponsored by Big Shoe companys. For example Hampton Crabbers and Bethel Bruins from Hampton Roads, VA. In the last year or so Walmart had to pull their merchandise.

 

[ryan barker]

yeah, but your average ordinary HS whose mascots look like clip art, you're probably going to be okay with. a few here and there have some mascots/logos that are really distinctive, so if that's the case i would ask first.

 

[JAIMEWILHITE6]

Check out prepsportswear.com

All they do is take names of schools, print and sell tees and say they "aren't affiliated with school". They are a huge company!! One of the biggest online retailers actually. Pretty ridiculous what they do, but get away with it for some reason.

I guess you can just print "Nike" tees and put a disclaimer "not affiliated with Nike" for it to be legit, lol.

 

[kimura-mma]

Check out prepsportswear.com

All they do is take names of schools, print and sell tees and say they "aren't affiliated with school". They are a huge company!! One of the biggest online retailers actually. Pretty ridiculous what they do, but get away with it for some reason.

I guess you can just print "Nike" tees and put a disclaimer "not affiliated with Nike" for it to be legit, lol.

Most of their stuff is licensed.

 

[dcbevins]

Hey guys and gals. What is your opinion on this approach?

Say you wanted to make a new mascot that didn't look anything like the school's. You avoided the school name. You only used generic slogans like "Go Team," or whatnot.

Legal?

 

[binki]

Some schools have paid for artwork, most either have stock mascots or they have copied another school long ago. Go to your school or district and apply to be a preferred vendor.

 

[kimura-mma]

Hey guys and gals. What is your opinion on this approach?

Say you wanted to make a new mascot that didn't look anything like the school's. You avoided the school name. You only used generic slogans like "Go Team," or whatnot.

Legal?

No one answer will cover all situations. You can do this for 10 different schools. Some may sue, some may not. Some will win in court, will lose. The rhyme and reason will vary. It will depend on the exact art you use, how and where you use it and how aggressive the school protects their IP. Sorry for the vague answer. But if your trying to create school merchandise without permission, there will always be some level of risk.