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Re: please help


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Posted by Jason Yearry on February 11, 2003 at 11:04:57:

In Reply to: please help posted by Tim Moore on February 11, 2003 at 04:11:18:

: : I am working on a marketing project and although it is currently hypothetical, I am looking into giving it a real try. Anyway, my question is about the usage of Professional Team Logos and the legal hurdles that I may confort. Do I need to contractually get permission? Are there royalties involved? Will I get sued if I don't cover all the legal work? If you could inform me so I can get a good understanding of this it would be very much appreciated! Please e-mail me when you are able to assist me. Thanks

: Tim Moore
: MooreSports Apparel
: P.S. Send all info

Tim,

I'm just a second year law student planning to practice trademark law, so you'll have to take what I write for what it is worth.

Whether you will have a legal action brought against you depends upon the nature of your use of the logos.

I'm assuming that you plan to reap a profit from your use of the logos. Also, I'm assuming that your aren't planning to alter the logos when they are placed upon your apparel. Finally, without researching, I assume that there is someone who owns the trademark and copyright to the logos that you are using.

I can see at least two problems that you are likely to run in too.
(1) Trademark Infringement
-The owner of the logo may be entitled to bring a trademark infringement action against you. This would probably result in you paying money to them and not getting to use the logo anymore.
-The main reason you will have to pay the owner(s) money is because you are using their logo to financially benefit yourself without giving the owner anything in return.
-There are other trademark actions that may be brought against you, BUT it all depends upon how you use the mark. From what you have given me, I can not say anything more.

2. Copyright Infringement
-If you place an exact replica of the logo on your apparel then you will likely be subject to copyright infringement. This may result in you paying money to the owner of the copyright and will likely result in you losing the right to use the logos.

In conclusion, i would need to know the nature of your use in more detail before I could give a more accurate assessment. If you don't trust me, you could contact an intellectual property lawyer.

P.S. This is just friendly, not legal, advice.


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