Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Packfan88]

After doing a bunch of reading on this site (and searching), I havent found answer close enough to the issue im wondering about.

In reguards to professional sports teams:

Can I print and sell t-shirts og a players name and number on a t-shirt? An example would be a navy blue t-shirt with white ink that states "Jeter 2" on the back or an older play like "Ruth 3"?
What about a navy blue shirt that says "New York Baseball" on the front?
What about a combo of both above listed (front/back)?

What about a t-shirt that says "27 time Champion" (navy/white ink)?

Ive read some on the ideas of confusing the public in reguards to the products being misleading. Is there a disclaimer that should be involved?

Another question i had is inreguards to a specific design along the lines of  "I hate Bostons". In Blue/white.  Most of the pubic know the actual NY Yankees wont sell a shirt that says that, but does it fall under the smae rules as misleading? What about "Fu*K Boston"? Everyone knows they wont sell that type of shirt but where does a shirt with vulgarity on it fit into this picture?


thanks for any help
Mike

[JSonnabend]

If the shirt incorporates trademark elements that would cause confusion between you and, say, the Yankees (either as being the same entity or suggesting you are endorsed by or affiliated with them), then you run into trouble.

If you want to create, say, a red t-shirt with the name "Jeter" and the number 2 on the back, that likely won't run afoul of trademark law.

- Jeff

[Bill Richards]

I recall an old Supreme Court case (but neither the name nor the cite) that addressed a young man sporting a jacket emblazoned with "F*** the Draft".  It was held OK based upon First Amendment grounds.  It was a 70s case during the Vietnam War years.  I remember the Court saying that those that might be offended and young children could "avert their eyes."  FWIW

[BobRoberts]

Just wondering...

""Jeter" and the number 2 on the back"

Would this violate Right of Publicity?  (I know that not all states recognize Right of Publicity after a person's death, but let's say that this is sold in a state that does)

And this would be different, than let's say, "Jeter stinks!" (or other more derogatory terms)

Thanks

[JSonnabend]

Is Jeter dead? 

I suppose there may be right of publicity issues.  I understand California law, for instance, is very pro celebrity in this regard.

Personally, I would be more concerned about suggesting affiliation with or endorsement by any MLB franchise.

- Jeff

[BobRoberts]

Hi Jeff,

Not keeping up with ML Baseball, and quickly reading the first post, I misread the first post thinking it mentioned that Jeter was another nickname for Babe Ruth (hence mentioning ROP for dead celebrities).  (face turning *red* from embarrasment)   :-  

Boy, I really am a geek!  Probably worse, as many/all of the people here probably knew who Jeter is.  My bad...  As you mentioned, I don't believe Jeter is dead, and didn't mean to start any rumors to the contrary...

My main point was that if they used Jeter and #2 on a Red shirt, they may avoid TM issues, but may (still) open up Right of Publicity issues regardless of the shirt color. 

Regards