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LawyerDavid
LawyerDavid, Attorney
Category: Legal
Satisfied Customers: 271
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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Trademark use in canvas art. I want to know if I'm really

Customer Question

Trademark use in canvas art. I want to know if I'm really protected by the first amendment if I use sports teams trademarks in my art for resales? I found some interesting articles online that point to yes. But I would like to be sure. https://www.techdirt.com/articles/20120613/18230119312/big-ruling-says-using-trademarks-artistic-works-can-be-protected-under-first-amendment.shtml
Submitted: 4 months ago.
Category: Legal
Expert:  LawyerDavid replied 4 months ago.

Hello: I disagree that you can use their trademarks in artistic works without their permission. You can argue first amendment and other things lime educational use, but that will not stop an expensive lawsuit. For instance, lawsuits involving trademarks can cost up to 1 million to defend even if your are right, although in this instance first amendment is not likely to be a viable defense for using anothers trademark in art. The point I would make to you is why risk the lawsuit for an artistic wirk, not worth it at all even if you win it will be very expensive. All the best, David

Customer: replied 4 months ago.
Using trademarks in my work would be way more lucrative. But I know these organizations would not be happy that I'm doing so. In the link I provided details a case where someone actually won because it was art, but not allowed to use it on other products like mugs and shirts, and are still in business. Thanks for your help, just trying to figure out if I had a real leg to stand on.
Expert:  LawyerDavid replied 4 months ago.

Understood. I think it is a judgement call, but not one I would make in particular with well funded trademarks. Goid luck with everything, David

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