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[justenough]

Hi.  I'm working on a website that allows a user to select the name of a professional sports team. 

First, is that okay to do or am I breaking some kind of trademark law right there? 

Second, I would like to display the logo of that team next to the team name to help find/identify the correct team; again, what trademark issues do you see with this?

Third, through business advertising, I would like to make money off the site.  The money would come from offering businesses room to display an ad or banner.  I would not be selling anything items with team logos on them or anything like that but because I'm making money, am I breaking any trademark laws?

Thanks

[OMG IP]

It appears upon glance that you plan to use various marks without permission while operating in commerce.  I would say you have a problem.

[Kaitlin]

My take on this is different from OMGIP.
I agree there could be a problem, but primarily the practical one of having a wealthy TM owner threaten suit, whether or not meritorious.

As for the merits, simply displaying a logo next to the name of the team (to give a visual reference beside the name) shouldn't be any more of a "trademark use" of the logo than use of the name in such a context would be a "trademark use" of the name -- that is, provided that's the extent of it--e.g., if the site is merely conducting a survey of people's attitudes about various teams.  With that proviso, if there's nothing about the site that would lead users to think there's a connection between the site owner and the TM owner, I don't see any grounds for infringement or dilution. 

Note however that the caveat about having nothing on the site that could imply sponsorship or connection with the TM owners is a BIG one (disclaimers can help but won't rule the day).  As a practical matter, though, if wealthy TM owners think they need to sue to protect their marks, they likely will if there's any legal leg to stand on, and may well threaten and make life difficult even if there isn't.

 

[OMG IP]

My take on this is different from OMGIP.
I agree there could be a problem, but primarily the practical one of having a wealthy TM owner threaten suit, whether or not meritorious.

As for the merits, simply displaying a logo next to the name of the team (to give a visual reference beside the name) shouldn't be any more of a "trademark use" of the logo than use of the name in such a context would be a "trademark use" of the name -- that is, provided that's the extent of it--e.g., if the site is merely conducting a survey of people's attitudes about various teams.  With that proviso, if there's nothing about the site that would lead users to think there's a connection between the site owner and the TM owner, I don't see any grounds for infringement or dilution. 

Note however that the caveat about having nothing on the site that could imply sponsorship or connection with the TM owners is a BIG one (disclaimers can help but won't rule the day).  As a practical matter, though, if wealthy TM owners think they need to sue to protect their marks, they likely will if there's any legal leg to stand on, and may well threaten and make life difficult even if there isn't.

 

I surmise we have the same take -- my blurb is based on a 10 second glance of the OP.

[JSonnabend]

Use of logos is by and large treated differently from use of names in nominative use analyses.  So while I agree with Kaitlin's post to a large degree, I disagree that use of the logo is akin to use of the name.

OMG IP's analysis isn't really an analysis at all, as it completely ignores the nominative use aspect of the question.

- Jeff