Print

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

[Nick J]

I am looking into the possibility of producing some NFL style apperal.  From my research thus far, I can tell its pretty much going to be impossible to obtain an NFL license to do this.

I was wondering, if I produce something (say a jersey) that with the same team colors, specific number with matching name, but no NFL or team logo... is that a problem?

For example, a green and yellow jersey with the #4 on it and "Favre" on the back... but no Packers or NFL logo.

The other option, which I understand would be better from a legal standpoint, would be to solicit existing license holders as a supplier... I would also like to pursue this option, but I can't find a list anywhere of existing NFL licensees... anyone have any info for that?

Thanks,
Nick

[CriterionD]

I was wondering, if I produce something (say a jersey) that with the same team colors, specific number with matching name, but no NFL or team logo... is that a problem?

The thing about trademark law is that its not black and white - what matters, mostly at least, is whether "relevant consumers" would be likely to confuse your goods with the goods of others (trademark holders and authorized licensees) as the result of trademark usage.  And, what constitutes trademark usage is not necessarily limited to a team name and a team logo (even in this case).

I believe there are others on this board who can provide a better and more informative answer.  I am not an attorney and am not versed extremely well in trademark law - I am just trying to provide some insight here since no one else has replied and because going ahead with production would seem a bit risky to me on your end.  You may wish to look up info on 'National Football League Properties, Inc. v. Witchita Falls Sportswear, Inc., 532 F. Supp. 651 (W.D. Wash. 1982),' a case in which I believe a manufacturer of replica jersey's was found guilty of infringement because it was found that a certain percentage of consumers who had seen the jerseys believed that they required the permission of the NFL.

[JSonnabend]

I think CriterionD's response is fairly well on point.  The cited case may or may not be particularly probative of the issue, as the "replica" jerseys in that case bore the names of the teams, which may be a critical factor in the outcome.  That said, the more your products tend to look like "the real thing", the greater your risk.

- Jeff