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[slim]

I produce a line of vintage and reproduction T-shirts.  I have a situation I wanted some advice on.

Situation:  Company XYZ produces automotive products and engine additives.  They have been in business for probably 75-85 years and are still currently in business.  Their company name and products are trademarked.  During the late 1950's to late 1960's company XYZ sponsors a race vehicle called the "XYZ Special", or "Miss XYZ".  In the late 1960's they drop all involvement in this type of racing and never sponsor a similar vehicle. Approximately 35 years pass and a private party in conjunction with a non-profit org. finds and restores this vehicle and drives it around and houses ot in a museum. Company XYZ was asked if they would like to donate to the restoration but declines. I am asked to create some vintage looking T-Shirts for the crew. The shirt shows a picture of the vehicle created by myself and something like "XYZ Special, 1961 National Champion. Part of the design is a XYZ dead mark from the 50's. I print a batch and some re-orders for them.  Over time I do some similar shirts without commercial ties and sell them of eBay.  Would this shirt design be legal to sell?  I have checked and the company XYZ has not registered "XYZ Special" or "Miss XYZ" nor any thing involved with this type of racing. None of the imagery is "live".  Is there a difference between XYZ and "Miss XYZ" or "XYZ Special"?  The description would say this is clearly an item meant to relive or reproduce the feeling of that time period and not try to sell XYZ said products.

Thanks.

[JSonnabend]

To the extent that STP is a strong mark, you'll run into problems of implied endorsement at least, if not straight forward infringement of their rights in secondary goods.  Have you considered contacting them and asking permission?

- Jeff