I want to make a gaming site that would display the final score of each NFL game. Can I use the NFL team name as long as I am reporting the final score of the game with it? So, essentially I am reporting a sort of statistics.
You are asking for a great deal of legal trouble if you do what you propose. Before you take any action at all, you should speak in person with an IP attorney who will advise you and provide options.
Joseph YurgilIntellectual Property Law AttorneyNew Orleans, LA ·
If you are really just reporting scores then you should be able to use the team names.
Reporting is one of the enumerated "fair" uses of copyrighted information so to the extent you need to use anything copyrighted to report the scores, then you would not be liable for that infringement.
However, team names and logos are also covered by trademark, which has no fair use provision. Trademarks are infringed when the average consumer is confused as to the source of the good or service. So if you make it look like one team in particular is reporting the scores, then you are in trouble. If you make it look like *you* are reporting the scores, then there should be no confusion and you would be ok.
This is pretty general information though, if you have a particular use in mind aside from mere score reporting, you should talk with an intellectual property attorney in your area so you can properly evaluate your options and decide how best to reach your goals.
Yes, you are as free as any publication is to state the final score of an NFL game. While it is true that you are technically using their trademarked names, e.g., NY Giants 27, Dallas Cowboys 0, this is not an infringement and is considered "nominative fair use." As a general rule, however, you are not to use more than what is necessary to make your point. So, in this context you would have little excuse and could be crossing the line by using the NFL logos, team colors, etc. along with the facts. Remember as well that any statements or conduct that suggest a false association with or endorsement by the NFL can get you sued.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
