[Instant Classic]

Hi all.

I've found several threads somewhat related to this topic but not dead on. I've got several sport inspired tees that I am interested in moving forward with but I am not 100% sure of what is legal. I have not contacted a lawyer yet but I have been looking at what others are doing.

I will not be using athlete/team images/logos and will not be using the team name (e.g., Cubs). I'm curious about the legality of using just last names or nicknames (e.g., Walton, or Sweetness) along with a unique design.

Several tee companies (e.g., Homage & Bushleague Tees) design shirts in this manner and I curious to hear your input. I myself have also recently designed a tee in this style. I have attached several images to show the exact style of tees I'm talking about. You can also check out my Shuffle tee at my website.

For the record I know that your replies do not constitute legal advice. I would also be interested in any good resources you might suggest that relate to this issue.

 

[greenmonster71]

i just hope the law is clear, for your sake. lol, i would hate to be making a living flirting with the legalities, myself. but that stuff's definitely HOT, theres got to be a great market.

 

[Instant Classic]

i just hope the law is clear, for your sake. lol, i would hate to be making a living flirting with the legalities, myself. but that stuff's definitely HOT, theres got to be a great market.

Hey Zachary,

I totally agree. I love this style of tee and I have a ton of ideas but I'm not willing to give my self anxieties and constantly worrying about lawsuits. All of the images I attached are examples of what other brands are doing. Just thought I would include them to provide a clear example of what I'm talking about.

Cheers.

 

[greenmonster71]

i completely understand, i'm sorry i couldn't actually answer your question. the law may be very clear with little or no gray area, and it be fine to print anything with team colors without actually using the team name or mascot, in which case i'll probably have to join you, so hopefully someone will bless us with some knowledge real quick, so we can go ahead and make our fortune! haha

 

[kimura-mma]

Most of the shirts you linked would require a license from the league or players association. Or in some cases, approval can be gotten directly from the individual player. Even though some designs do not include registered logos or team names, the last names, nicknames, abbreviations, images, numbers, etc, all make it obvious what the design is referencing. If not licensed, these kinds of designs could be considered infringement and could result in being sued.

 

[Instant Classic]

Most of the shirts you linked would require a license from the league or players association. Or in some cases, approval can be gotten directly from the individual player. Even though some designs do not include registered logos or team names, the last names, nicknames, abbreviations, images, numbers, etc, all make it obvious what the design is referencing. If not licensed, these kinds of designs could be considered infringement and could result in being sued.

There are just so many brands that do this type of thing, some big, some small, I know that they all don't get licensed. I wish there was just a manual that clearly laid out what you can and cannot do.

 

[kimura-mma]

There are just so many brands that do this type of thing, some big, some small, I know that they all don't get licensed.

Yeah, I'm sure some are licensed are some are not. It's hard to tell which are which though. Those that are not licensed will eventually get a cease and desist letter. Some will fight and win, some will fight and lose, some won't fight at all. In many cases, the only winners are the attorneys.

I wish there was just a manual that clearly laid out what you can and cannot do.

Well, there sort of is.

If you want to legally use team logos, you can negotiate a license with the league. The licensing agreement will be the manual that will clearly lay out what you can and cannot do.

If you don't want a license, then intellectual property laws act as the manual. Any product that hits the market that can be considered "confusingly similar" to an existing product could be the basis for an infringement lawsuit. Yeah, there's a lot of gray area. But that's the nature of the beast with this type of product line.

If you don't want to risk being sued, create an original brand and product. But if you want to base your brand on existing IP (like sports teams and famous athletes), then there is risk. Unfortunately, there is no creative formula that somehow makes it legal without any level of risk. The best you can do is avoid all deliberate use of IP and have good attorneys on your side to advise you along the way on the risks involved. Then it really comes down to whether the reward is worth the risk.