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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have a t-shirt company. Without infringing on any trademark

Resolved Question:

I have a t-shirt company. Without infringing on any trademark rights or any other intellectual property rights, can I use the colors and numbers of professional sport teams and athletes, but not use the name of the athlete and the name, logo or slogan of the sports team on some of my t-shirts?

i.e. put the number 34 that is the color white and outlined in orange. Another example would be to use the number 4 that is green and oulined in yellow.

Also have colored stripes on the shirts that is matching colors of the numbers. But again, never using the name of the athhlete nor the name, logo or slogan of the sports team.

#34 is Walter Payton and #4 is Brett Favre
Submitted: 6 months ago.
Category: Intellectual Property Law
Expert:  Thomas Swartz replied 6 months ago.
HelloCustomer

I think you would be fine so long as the t-shirts you make with the colors and patterns used could not be confused with the uniforms of the sports teams involved.

Certainly, you cannot use the names of the athletes, the team logos, or slogans of the teams.

But the teams and the NFL would not and could not have trademarks on individual numbers or colors. But they might have a trademark on the pattern (including the color) on their team uniforms. So, I would make sure that the t-shirts you make do not bear any confusing resemblance to the actual uniforms of the Chicago Bears, Green Bay Packers etc.

Thomas
Thomas Swartz, Lawyer
Satisfied Customers: 2767
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and 6 other Intellectual Property Law Specialists are ready to help you
Customer: replied 6 months ago.

Have you seen or heard of anyone doing what I want to do with the colors and numbers of sport teams and athletes?

Expert:  Thomas Swartz replied 6 months ago.
No I have not.

Thomas
Thomas Swartz, Lawyer
Satisfied Customers: 2767
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and 6 other Intellectual Property Law Specialists are ready to help you

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