I want to make gifts with sports logos on them for prospective or existing clients, giving them away at no cost. I want to give them away both before and after sales. Is this acceptable?
Philip Thomas VirgaPatent Application AttorneyRedondo Beach, CA ·
The answer to your question is you are most likely committing trademark infringement with respect to your stated use of the sports logos. Seek the advice of a trademark attorney
No, if you want to use sports logos, you will need a license or gve away officially licensed merchandise that has the logos on them. Otherwise you will be sued.
For further information about your brand and trademark licensng, I recommend that you start by contacting an experienced Trademark/ IP attorney to advise you in confidence about your options and potential costs. Many IP firms, like ours, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Trademark / IP attorney who can assist you.
Ira W DavidIntellectual Property Law AttorneyLas Vegas, NV ·
Your stated use is commercial use whether or not you are charging for the gifts. When you walk into a store and they are playing music, they are not charging for the music buy they still need license to play it. This is no different. So, as your use is commercial and as you clearly recognize that what you are using is either copyrighted or trademarked, or both, such use requires authorization from the rights holder.
You can't make something then place a famous logo or trademark on it and sell or give it away to help promote your business. I mean, look, if you happen to be crafty and wanted to make a bunch of customized Titan's widgets for your nieces and nephews, no one is going to know or care. But taking it into the commercial sphere is asking for trouble.
If you need clarification, 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
You have gotten simple and consistent advice. No. It is commercial use and using it without a license makes you an infringer. Don't do it. If you want to buy some licensed merchandise and give it away, go ahead. but you cannot make your own without written approval of the owner. good luck
