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Will I get in trouble for making this shirt design to sell?
Anonymous1 views6 answers
Here is a link to the design that I plan to print on shirts and sell outside the United Center.
http://brandoarts.com/Untitled-1.html
I have a peddlers license, but I am asking if there is any way that this could fall as trademark infringement. If you don't understand sports please do not say anything about it because this is not Michael Jordan's jersey or pose. This is not the Chicago Bulls' mascot or logo. I would only be selling this shirt for a month and my intentions are to unite fans and not to expand as a clothing line.
I'm sure you understand sports better than the rest of us, but here's your enduring problem: the TM laws are aimed at the average consumer, i.e., the rest of us, and at least to me, this looks like a ripoff of the Chicago Bulls, which you plan to sell outside their home area. So, yes, again, it's pretty obviously TM and trade dress infringement, as a least 3 of us have already advised. If you don't like that opinion, feel free to ignore it, at your peril.
http://www.attorneyqna.com/legal-answers/i-made-a-shir...
Your excuses/justifications/rationales that you want to "unite fans" and only sell it for a month without expanding it as a clothing line are, to put it charitably, insufficient to excuse your infringement.
Go Lakers!
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
David OppenhuizenPatent Application AttorneyGrand Rapids, MI ·
Reposting your question because you didn't like the answer isn't going to tell you what you want to hear. No one elaborated on any details the first time you asked because, quite frankly, your design is a clear trademark infringement. It's not even close.
That said, in order for there to be a trademark infringement, there must be a likelihood of confusion as to the source of the goods. So you need to understand that you're not off the hook simply because the Bulls' logo isn't on the jersey, or because Michael Jordan wore #23 (not #1). Moreover, federal statute makes it an act of unfair competition if your shirt design creates a false association or affiliation with the Bulls. No offense, but you're not fooling anyone, and especially not a federal judge.
Any trademark attorney would have no problem convincing a judge that this is an infringement. You're using the Bulls' colors of red, black, and white, the player has a bull's head, its says "Bullsh**t", and whether you know it or not, he is in a pose that was made famous by Michael Jordan. I don't know how old you are, but you may remember that at one point there countless posters of Michael Jordan out there is this pose.
The fact that you propose to sell this only for a month does nothing to minimize your liability other than that you have a relatively short amount of time to get caught.
Disclaimer: In no way is this information considered a legal advice, but is only a statement of the law. This information does not form a client-attorney relationship.
This is clear trademark infringement. Further, sports franchises and leagues are extremely aggressive in enforcing the IP rights. Chances are that if you try to sell these shirts outside the United Center you will get into significant trouble. The shirts might be confiscated and you might end up defending an expensive law suit.
Remember--sports are a family oriented enterprise. Sometimes, fans who make up creative T-shirts or banners and sell a small number of them get away with it because they do not attract attention and do not divert a lot of sales from officially licensed merchandise. But in your case, you have made a shirt that is not only clear trademark infringement, but also might be deemed sufficiently offensive as to tarnish the image of the trademark. While think your design is humorous and it certainly makes a statement tha many fans of the Bulls will admire, my guess is that the Chicago Bulls' management and the NBA will not be amused. In fact, the NBA has instituted programs that are designed to make the league more fan-friendly and kid-friendly, and your T-shirt is exactly the type of item that would fly in the face of efforts to "clean up" the image of the NBA and its players.
Remember---you are peddling these shirts for a profit. You are not simply a fan making a personal statement protected by the first amendment---you are attempting to profit by purporting to create some kind of relationship with the Chicago Bulls and their fans. The First Amendment does not protect this kind of commercial activity when it is so clearly in violation of tradmarks rights.
What everyone else has already said.
Try this: If you're going to start a business then you need buy insurance. Why not ask your insurance carrier to write you a policy that obligates it to defend and indemnify you if you're sued for selling your shirts? If it will, you're in business. If it won't [and it won't] then you're not.