T-Shirt Forums banner

1 - 20 of 24 Posts

·
Registered
Joined
·
590 Posts
Discussion Starter #1
Ok, I'm trying to figure out the real law on the whole trademark and copyright issues with apparel? I am going through the process with the college licensing agency now and it is pretty expensive just for a few schools in Florida. However, everyones website on here that I look at selling transfers is selling all of the NBA, MLB, NFL, NHL, and NCAA logos and designs? I'm thinking that would be crazy money and know we aren't making that kind of money to have all of the licensing for all leagues and teams? So am I missing something as a work around to be able to sell these designs and not get in trouble? Any help would be great! I don't want to drop $2,000-$3,000 plus 10% kick back of every sale if it is not needed? Thanks for any help with this! I would love to be able to make my rhinestone car decals and shirts with these logos if it is allowed which it must be in some way with everyone that is selling them? Unless everyone is just taking the chance that they won't be caught?
 

·
Registered
Joined
·
52 Posts
I would love to know this also! I know there are people making various items using state colleges and there is NO way they can afford the licensing or royalties. I personally experienced "getting in trouble" at a jr. league show when I owned a retail chicldren's store. I had simply embroidered the state college on a dress for my daughter and used it in a display. I received a visit from the trademark representative of that college demanding I pull the garment immediately. He advised me I could purchase to rights to use it and so on and so forth. Obvioulsy, I didn't have the kind of money it takes to do that. Its very frustrating because collegiate attire is huge! Virtual gold mine...at least where I live. So, anyone know anything else? Personal experiences?
Give us the scoop!
AP:)
 

·
Registered
Joined
·
6,874 Posts
My suggestion (from years of experience selling licensed products): Stay away from selling any of these leagues and teams. None of them license transfers of any sort and they have law firms that periodically scan the internet for violators. Those that are caught are usually sent cease and desist letters and have to provide sales information, inventory, customers who were sold this merchandise, etc.
 

·
Registered
Joined
·
590 Posts
Discussion Starter #4
Thanks for the replies. This is what i was thinking. I know the market is huge on these items, And i figured it was not really allowed. I just didn't know if there was a work around for it? What about is a company or store has the licensing to sell the items and asks my business to make some shirts with the logos? Do i have to have the licensing as well?
 

·
Registered
Joined
·
1,964 Posts
Thanks for the replies. This is what i was thinking. I know the market is huge on these items, And i figured it was not really allowed. I just didn't know if there was a work around for it? What about is a company or store has the licensing to sell the items and asks my business to make some shirts with the logos? Do i have to have the licensing as well?
That's something worth checking on. I have an organization that pays me put their logos/marks on merchandise that they sell to the general public. I am not licensed to sell their logos/marks directly. And, I cannot take merchandise that already has their logos/marks on it and add anything to it other than to personalize with a name/committee.
I'm not sure, but I think you need to have a direct relationship with the owner of the logo.
 

·
Registered
Joined
·
6,874 Posts
Thanks for the replies. This is what i was thinking. I know the market is huge on these items, And i figured it was not really allowed. I just didn't know if there was a work around for it? What about is a company or store has the licensing to sell the items and asks my business to make some shirts with the logos? Do i have to have the licensing as well?
I would ask anyone who wants you to print a licensed design to provide the documentation showing that they have permission to reproduce the names, logos, etc. Remember, if you print something that requires a license, and you do not have permission, everyone down the line is liable.
 

·
Registered
Joined
·
325 Posts
You are right, and with CLC whoever buys from you must have some sort of "permission" for you to reproduce the item. Unless you have money to do this it can be a pain.



I would ask anyone who wants you to print a licensed design to provide the documentation showing that they have permission to reproduce the names, logos, etc. Remember, if you print something that requires a license, and you do not have permission, everyone down the line is liable.
 

·
Registered
Joined
·
461 Posts
What about something generic, like the word "Cowboys." But on blue (for Dallas possibly) or on brown (for Wyoming possibly)? Do sports teams have the right to a word and color comibination, or is something more generic like this okay? If you leave the mascot off (the Dallas star, for example) is a generic word with a team color okay?

I'm really wondering about t-shirts as much as decals....
 

·
Registered
Joined
·
461 Posts
You can still get in trouble. I was contacted for selling decals that said " got gators" If you promote it as a Dallas Cowboys shirt then it is not allowed. Even if it only says cowboys with no logo at all.
Thanks for answering, Matt.

Now as a devil's advocate....isn't "cowboys" a more generic word than "got gators" which is more of a slogan than just a word? And what if I don't promote it as a Dallas Cowboys shirt, but just as a shirt with the word Cowboys on it? What if I offered it on blue, brown, and purple shirts and I can't help it if the blue ones sell more?

You can tell that I'm wanting a different answer. haha. I don't want to get in trouble, but.....
 

·
Registered
Joined
·
6,874 Posts
I would stay away from the team colors. The bottom line...if in doubt, don't do it.
 

·
Registered
Joined
·
461 Posts
I'm now totally in agreement with you, Matt.

This thread piqued my curiousity, so I got on the CLC licensing site where you apply for collegiate licensing.

OMG! I can't believe anyone can go through all of that expense, time, and hassle!!! Good for any business that is able to meet all those requirements! It is INTENSE!

I also emailed a college that has cowboys as their mascot. Without divulging my business name or location, I asked them if I would be able to put the word "Cowboys" in block print (not their font) on a shirt that is one of their team colors. They immediately wrote me back and said that they "own" the word cowboys when it is placed on any color in their color scheme. They then said, "What you have described would definitely be an infringement on our trademark."

I'm glad I read through this thread, because I've been thinking about doing some of the collegiate stuff.

I'm a one-woman show. This is definitely not for me. So I'm wrapping up the collegiate thoughts for my own business with one word.......FUHGEDDABOUTIT!!!
 

·
Registered
Joined
·
590 Posts
Discussion Starter #17
LOL, I was on the phone with them for about an hour yesterday and am going through the process now. They said it will be very hard to get approved, because the market is saturated with shirts and decals. They even said that they are releasing contacts with some businesses that are not selling well.
 

·
Registered
Joined
·
325 Posts
Sounds like they do not need the business unless you are a large producer like nike. Sad to hear.

LOL, I was on the phone with them for about an hour yesterday and am going through the process now. They said it will be very hard to get approved, because the market is saturated with shirts and decals. They even said that they are releasing contacts with some businesses that are not selling well.
 

·
Registered
Joined
·
24 Posts
VERY VERY VERY interesting. Hello all. Well I am wondering if this also pertains to the pee wee football teams that want to use the logo's of the NFL but not their names? I have several clients that want to use these. So is this legal?? That sure does take away alot of business:confused:
 
1 - 20 of 24 Posts
Top