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[Laura Taylor]

I make and would like to sell items I have made with material that has the NFL logo on it.  What are the laws governing the sell of these items.  I have heard it is against the law to sell them, but it is ok to use for your own purpose.  

[M. Arthur Auslander]

Dear Ms. Taylor,
Unfortunately for the public the law is complex. If you use legitimate uses of registered trademarks without reproducing them, it is likely that there is no infringment.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®

[Karen Dudnikov]

Are you using their licensed fabric?  If so, check out my website:

http://www.tabberone.com/Trademarks/trademarks.html

We took Major League Baseball to court over the use of their fabric and they backed down.

At the time we were in court with MLB, the NFL came after another seller we know.

They were more reasonable in their approach.

My recommendation is that when ever possible use a disclaimer when you sell that these are not licensed products although they are made from licensed material.

The Precious Moments case directly addresses the use of copyrighted fabric.

[Derek]

  Can you reproduce NFL team names and emblems for sale?

[JSonnabend]

Can you reproduce NFL team names and emblems for sale?

Not without their permission.

[Alma Grady]

I have a weaving "cottage" industry and make handwoven rugs, and placemats that I sell locally in rural Pennsylvania.  About a year ago I began weaving and sewing handwoven tote bags.  Last week I was asked to make a tote using Penn State colors (royal blue and white).

I am interested in pursuing the idea for making totes in the Pittsburgh Steelers colors of gold and black and got the idea of buying some of the licensed fabric of the Steelers to make the handles out of.  Is this legal?  What are my limitations as far as selling totes even if they are just of the colors without licensed fabric handles?  Am I permitted to put a sign up at my craft booth calling them "totes in Steeler colors" or "totes in Penn State colors"?

If I need permission, how do I get it?

Alma

[JSonnabend]

The general rule is you can incorporate fabric bearing trademarks (such as NFL team logos) into products and sell the products (see tabberone's great website).  

As for the colors, that's legit as well, and you in all likelihood can advertise them as being in "Steeler's colors" and the like.  You should be careful (a) not to use the logos in advertising the product (except in pictures of the product itself) and (b) not to imply or suggest that the product is either from or endorsed by the team, etc.

- Jeff

[Alma Grady]

Thanks for your input.  I sell at a large flea market that occasionally gets "raided" for selling T-shirts illegally, and I don't want my name in the paper!!

Many people sell the polar fleece Steeler blankets, and that seems OK.

Would the local police be able to answer my concerns?  After all, they are the ones who have "raided" the t-shirts.

Alma

[JSonnabend]

If you're selling unauthorized t-shirts bearing team logos, then you're on the wrong side of the law.  That scenario was not presented in your original post.

- Jeff

[Alma]

No, I am not selling unauthorized t-shirts!  I just don't want the people who arrest the unauthorized t-shirts to walk down to my booth and tell me I have done something wrong if I have licensed Steeler fabric handles on my tote bags.

Alma