Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

I have a question regarding collegiate and professional sports…

Customer Question
I have a question regarding...
I have a question regarding collegiate and professional sports teams logos and brands. I am looking for clarification on what would constitute trademark infringement. For example, if I wanted to produce a black tee-shirt that said "Chicago" on the top and then had an original piece of art / logo that depicts a literal pair of "white socks" on it, would that be permissible (no mention of "White Sox")? How far do trademark laws extend into colors? Could I manufacture a baby-blue shirt that said North Carolina in white text (but does not say University of North Carolina)? What if on that same North Carolina shirt I include an original image of a ram (the UNC logo/mascot) or an original image of a literal human heel with tar on it. The shirts would aim to invoke or suggest the team / university, but would not explicitly display their names (only geographic region) or official logos.
Submitted: 6 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 3 minutes by:
1/4/2012
IP Lawyer: MShore, Lawyer replied 6 years ago
MShore
MShore, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 25,285
Experience: Regularly draft and negotiate IP contracts/deals.
Verified
Thank you for the post, I am happy to assist you by answering your questions. It really boils down to whether an objective consumer would associate your tee shirt design with the baseball team and whether it can reasonably said this was your intention. In this case, it appears the intended association is clear as the composite of the work is to convey to the reader "Chicago White Sox." Please let me know if you need additional guidance.
Ask Your Own Intellectual Property Law Question
Customer reply replied 6 years ago
Did my follow-up question go through? I can't tell if it did or not.
IP Lawyer: MShore, Lawyer replied 6 years ago
Unfortunately not, please republish at your convenience.
Ask Your Own Intellectual Property Law Question
Customer reply replied 6 years ago
Darn. Ok, well I am not surprised my your answer. There is no question that I would want to evoke the idea of the team or school, but I am wondering to what extent the trademark applies. Am I not allowed to create an original piece of art that depicts a wolverine playing football and print that on a blue or gold shirt because the U of Michigan named themselves the wolverines and plays football, even if I do not include the word "Michigan" anywhere? I guess the question is what is the tipping point (I know you can't give a concrete answer here, but looking for your opinion)? Is it using the geographic location or the team or school? The team colors? Or is any attempt to evoke association with a team or university going to be infringement period?
IP Lawyer: MShore, Lawyer replied 6 years ago
An attempt to evoke association with a team or university is grounds for infringement, and a suit to enjoin the future production of the apparel.
MShore
MShore, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 25,285
Experience: Regularly draft and negotiate IP contracts/deals.
Verified
MShore and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask MShore Your Own Question
MShore
MShore
MShore, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 25,285
25,285 Satisfied Customers
Experience: Regularly draft and negotiate IP contracts/deals.

MShore is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
If I have a patent/trademarked logo and I put in on another
If I have a patent/trademarked logo and I put in on another major brands clothing is that infringement? … read more
Blake
Blake
J.D.
83 satisfied customers
If I am creating a logo for a business, do I need to create
If I am creating a logo for a business, do I need to create my own typeface or can I use an existing one?… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I want to trademark an acronym the healthcare management
I want to trademark an acronym the healthcare management industry and don't know where to start. … read more
Lori
Lori
Juris Doctor
620 satisfied customers
I bought a logo from a designer and they used some letters
I bought a logo from a designer and they used some letters (an "A" and "N") from the "free" font "Evanescent" (see: https://www.dafont.com/evanescent.font). The letters are somewhat modified from the … read more
Damien Bosco
Damien Bosco
3,660 satisfied customers
I recently filed for a trademark that was rejected on the
Hello. I recently filed for a trademark that was rejected on the basis geographically descriptive and ornamental refusal. How can I reply to this to allow my trademark to be accepted? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,061 satisfied customers
I applied for a trademark name (for a certification) a
hello, I applied for a trademark name (for a certification) a couple years ago but the application was abandoned because I didn't follow up timely. now, a person I was collaborating with at the time j… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,860 satisfied customers
Can a Chinese company register a trademark in the United
Can a Chinese company register a trademark in the United States ? If so, what does the Chinese company need.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need someone who is familiar with trademark and logos. I
Hi, I need someone who is familiar with trademark and logos. I need to know why a dog jersey of the FC Barcelona Soccer Team is NOT a protected logo. Why is that? if all the research i've done says th… read more
Damien Bosco
Damien Bosco
3,660 satisfied customers
I have a question on registering a trademark for product
I have a question on registering a trademark for product branding. I searched USPTO to make sure my name was clear to use and I applied to register. However, I discovered a business in a consulting se… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 satisfied customers
We just got our business trademarked and I have some
We just got our business trademarked and I have some questions regarding the usage of the business name. … read more
socrateaser
socrateaser
1,031 satisfied customers
We are a U.K start up about to make both trademark
Hi We are a U.K start up about to make both trademark applications. My product designer is handling the applications. From my understanding if we apply for the trademark we would need to apply for bot… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
NOTE: IP / Trademark Lawyers Only Please We provide cooking
NOTE: IP / Trademark Lawyers Only PleaseWe provide cooking classes and catering services to companies and have had nearly all major companies use our services.We would now like to feature the logos of… read more
Thelawman2
Thelawman2
Doctoral Degree
1,300 satisfied customers
My church women's group has come up with a slogan and logo
My church women's group has come up with a slogan and logo that we would like to protect. This slogan will be used in conjuction with themed workshops with varied offerings, but still being related to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
I have a trademark on website and the was infringed on by
I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,061 satisfied customers
How is a word plural or singularity effect trademark treat
How is a word plural or singularity effect trademark treat such as Improvement or Improvements since I can offer singular and multiple services? … read more
socrateaser
socrateaser
1,031 satisfied customers
I am an Etsy sell and I received a trademark infringement
I am an Etsy sell and I received a trademark infringement from Country Girl LML Investments claiming my embroidered baby shirt which says "Country girl shake it for me" and has an appliqué baby rattle… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,860 satisfied customers
For trademark attorney, I applied our business logo design
For trademark attorney, I applied our business logo design for our clothing line for trademark. it's still in process, I submitted our logo design shown on neck label of t shirt to the trademark offic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x