If I make a t-shirt with a hybrid design of the major league baseball logo, am I infringing on any laws?

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I designed a hybrid logo (hunting related) of the major League Baseball logo, can I legally sale these shirts?

Attorney Answers

4
Daniel Ballard ·
Offering to sell your tee shirts would infringe MLB's trademark rights in its logo unless yours is a "parody" of its logo. Query Google for "trademark fair use" and "parody" and learn about the parody defense to trademark infringement. You can also read a court case that describes the defense quite well at < http://bit.ly/zhoI1 >. Good luck.
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
It's not clear what you mean by "hybrid," and as my colleague points out, you may also have a fair use defense, if your new logo is a true parody of the MLB's mark. But if you cannot make a convincing fair use defense to a claim of trademark infrngement by showing fair use, you may be infringing and diluting the MLB mark (and any other mark you may have used to combine it with to make your hybrid). No one at can tell you whether your new mark is an infringement of an existing rightsholder's rights without seeing it and looking at what's out there, so you're best off seeing an IP lawyer so you can fully disclose your situation and get a complete evaluation of your rights. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Laura Mcfarland-TaylorTrademark Application AttorneyBolingbrook, IL ·
As my colleagues point out, it really isn't possible to definitively answer your question without seeing your logo. You should speak with an intellectual property attorney for further guidance.
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John Tran ·
Bottom line: if your "hybrid" logo can be found to cause a likelihood of confusion with the MLB logo then you may be liable for trademark infringement. In addition, there are possible grounds of trademark dilution of the MLB logo by your hybrid design. As my other colleagues have stated, you may have a defense of "parody" but it is not clear whether your hybrid logo would qualify under such an exception.
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