Is trademark infringement if I print shirts with professional sports team names and colors on them without the logo or city name

Bankruptcy and Debt 3 views 3 answers
I want to make shirts that say Red Sox or Broncos and not print the logo or name of the city. I am wondering if this is legal. I am wondering if the name is trademarked or only if I use it in conjuction with the location, like Boston Red Sox as opposed to just Red Sox. Also, is it legal to print the names of sports players on shirts, for example, I love Champ Bailey?

Attorney Answers

3
Clark AD WilsonPatent Application AttorneyAtlanta, GA ·
This is NOT Legal Advice. I did not check, but I imaging that the Red Sox and Broncos have registered the trademark for the words and no simply logos. Therefore, you are going to run into trouble by using the words "Red Sox" or "Broncos" in any form. You can contact the MLB and NFL licensing offices to obtain a license to use these registered marks though.
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Dana Shultz ·
The short answer (having represented for more than a year a company that negotiates deals with sports licensing organizations): Yes, use of any of the team names would constitute trademark infringement. If the applicable licensing organization finds out about your infringing goods, it likely will send you a cease and desist letter and, thus, will force you to hire an attorney to negotiate a settlement agreement if you do not immediately stop manufacturing and selling the goods. Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
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Alan Brinkmeier ·
MLB is resolute in advocating protection on MLB member teams' trademarks and all team logos. If you make or sell items that incorporate any of those marks without the appropriate licenses from MLB and it finds out, the league front office lawyers will come after you. You had better contact an IP lawyer that can open negotiations with MLB and you can expect to have to submit an RFP about your plan. Good luck to you. God bless. NOTE: This observation is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.
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