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[mtlynch03]

I have a quick question regarding a t-shirt idea. It will consist of just a 5 letter phrase on the front--referring to a famous athlete(simply the first name, will be used in the phrase). I was wondering --is it illegal to put on the back of the shirt the athlete's last name and jersey number? I think I would need that person/ teams authorization before doing that correct? Will that team/player expect some proceeds each time its sold, eventhough it will not have the teams name or logo on the shirt--simply a phrase and that athletes last name and number on the back. I would greatly appreciate some advice on this topic. Please let me know and once again thanks again.

Sincerely,

Matt

[Zonath]

I think that what you propose would raise some fairly significant liability issues for you, since many states give a person the right to control the commercial use of his or her name, likeness, or other attributes (such as a jersey number) which have come to be identified with them.  By creating the impression that this line of t-shirts might somehow be endorsed by these sports personalities, you would be infringing upon that right, and could very well be liable to the athlete for that infringement.  See, for an often-quoted example of this, http://en.wikisource.org/wiki/White_v._Samsung_Electronics_America,_Inc./Panel_Opinion

At the same time, it's also entirely possible that major league sports also have a similar property interest (related more to trademark than personality rights) in the name and jersey number.