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   Author  Topic: NFL licensing agreement  (Read 3581 times)
Jim_R
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NFL licensing agreement
« on: Nov 29th, 2005, 7:34pm »
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Could somebody please comment on utilizing an existing NFL logo product and placing it on another product for a different purpose.
 
For instance, taking an NFL logo golf grip and putting it on a fishing pole handle.  If the NFL logo product is not changed in any way, could there be stand alone agreement for a specific use?
 
Thanks,
 
Jim
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clb
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Re: NFL licensing agreement
« Reply #1 on: Nov 30th, 2005, 10:10am »
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I think one issue would be whether you are taking a copyrighted item and then remounting it.  If the item is a copyrighted t-shirt design and you mount it as a chair cover and sell that - you would probably be violating the right to create derivative works.
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Isaac
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Re: NFL licensing agreement
« Reply #2 on: Nov 30th, 2005, 12:05pm »
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Actually there is mixed case law about whether remounting a copyrighted work it creates a derivative work. I think the most accepted view is that doing so does not create a derivative work.   (I'm not referring to something like creating a collage by pasting pictures together, but simply to remounting not as a part of a copyrighted work.)
 
IMO opinion the first sale doctrine probably eliminates any copyright questions. I think any issues would have to involve trademark infringement and other Lanham act issues. I don't know the answer to the poster's question, but I believe there is a discussion of the issues in the archives of the trademark forum.
« Last Edit: Nov 30th, 2005, 12:08pm by Isaac » IP Logged

Isaac
tabberone
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Re: NFL licensing agreement
« Reply #3 on: Dec 14th, 2005, 11:23am »
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Then it sounds like you would be trying to sell the fishing pole as a licensed NFL product which you can't do.
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JSonnabend
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Re: NFL licensing agreement
« Reply #4 on: Dec 15th, 2005, 9:19am »
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We're really talking about trademark law here, not copyright.
 
I think an argument might be successfully made that the right of first sale would permit the branded grip to be resold, regardless of what the grip was attached to.
 
Tabberone, any case law you know of that supports or contradicts this position?
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
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