Absolutely. All of these sports leagues are extremely aggressive about any unauthorized use of the marks or even trade dress, which could be the colors of their uniforms and team logos. Also, the athletes' (presumably through their agents) are highly aggressive about any use of their name or even likeness that has not been specifically authorized by them. A likeness could be a caricature drawing of the athlete or use of a phrase or slogan popularly associated with the athlete. The leagues probably have people employed full-time just to monitor such unauthorized uses and the sports agents could as well.
Whether or not any alleged infringement by these leagues or players are meritorious and would prevail is besides the point because these entities generally have expensive firms working for them that probably will not hesitate to contact you about such unauthorized use. As such, these entities could make undertaking this venture extremely expensive for you if you do not contact the league or player beforehand. I believe some of the leagues may even have one IP firm handling all of the IP matters for all of the teams in that league. Any IP belonging to specific players usually is handled through the players' labor union, e.g. the Major League Baseball Player's Association (MLBPA).
THat said, these leagues and players are businesses and recognize the need or value of allowing their name to be associated with certain products (e.g. Campbell soup) as well as using their marks or names to endorse certain non-profit ventures for PR. Therefore, I believe they have some fairly well-established licensing programs and procedures and if you contact them BEFORE any use of the marks or player likenesses, you may find them to be fairly helpful. Also, while I have no idea what kind of licensee fees or compensation may be requested for authorization to use a mark or likeness, I believe the cost may not necessarily be expensive and would certainly be less expensive than dealing with them in a legal dispute.
It may be a good idea for you to work with a lawyer before contacting the leagues or players so the lawyer could review and negotiate any proposed license or sponsorship agreements and also to protect you from disclosing your business plan or proposed IP to the leagues without proper protection against their misappropriation of your IP.
Good luck.
Yes, on the theory of consumer confusion or trademark dilution. Additionally, by naming the food products after the players, you might possibly infringe their right of publicity.
Jason
http://jlaufirm.com
Yes, you need their permission to use their logos and team names. These entities are very careful about unauthorized use of their intellectual property and constantly monitor for such uses. When you use their logos/team names, you are raising the appearance to the consumer that they are endorsing your product, and the quality of your product/service reflects on them. As far as using individual player names and likenesses, you would also need their individual permission because of their right to publicity/privacy. That could depend in part on their contracts which could limit the ways they can use their names/likenesses to sell products and services. Search online for the use of player's names and likenesses in video games to get some idea of the objections you would receive.
Joseph Abraham BahgatInternet LawyerColumbus, OH ·
The short answer is yes, you would need permission to name menu items after a professional sports league, team, or known athlete. This is not only to guard against ordinary consumer confusion, but more importantly to prevent consumers from believing that the food in question is either endorsed or sponsored by its namesake. Also consider this scenario: If you were Derek Jeter, would you want Pat's Steaks (a Philadelphia institution) to sell a Derek Jeter cheesesteak? Or what if Legal Sea Foods (a Boston institution) had a Derek Jeter crab roll on its menu? What if Derek Jeter was a vegetarian – in that case, he'd likely not want his name associated with any meat products.
There are other ways to market your products without using the specific names you seek, but sometimes it's better to try to do it the right way (getting a proper license). When you try to avoid trademark infringement by being creative, oftentimes you just look foolish. Case in point, recently another consumer asked about a company selling cremation urns together with NFL team emblems that the purchaser could append to the urn. Search for the thread on that.
The bottom line is, if your objective is to open a legitimate sports-themed food business, you're going to need a good all-around business attorney, to advise you on a number of different issues from personal and tax liability, to zoning, to intellectual property. Although your attorney needs to be familiar with general IP principles, he or she needn't do any heavy lifting in that regard. Find a licensed attorney in your area who has a solid understanding of general business law, and who also understands the principles behind sports licensing and the right of publicity.
Marks such as the NFL and others may be considered famous marks. These types of marks get some additional protection against being diluted by other marks. Therefore, you might have liability for placing the marks on food products and similar items.
In addition to dilution, you might have liability for trademark infringement because for example, the NFL has a trademark registration for food products.
You should consult with a trademark lawyer.
Michael
www.shimokaji.com
Yes. This is not even a close question. If you intend to proceed with this idea, then you need to immediately retain intellectual property counsel to negotiate license agreements on your behalf. And if you cannot get licenses (or cannot afford the cost of doing so), then you should find a different approach to conducting your business. Here is a rule of thumb---any time you attempt to achieve commercial benefits based on using the name of a celebrity without obtaining permission to do so, you are violating various federal and state laws.