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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
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I want to create an application for Android smartphones that

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I want to create an application for Android smartphones that shows a football helmet, and allows users to apply their favorite team's logos on the side of the helmet. I know the images are copyrighted/trademarked so I would not want to charge for the application. Is it legal for me to offer this application for free?

Alex Reese :

hello

Alex Reese :

even if you don't charge, it can still be a copyright and/or TM violation

Alex Reese :

because you are using the mark/logo without permission and potentially causing TM confusion

Alex Reese :

I would advise against it unless you get permission

Customer:

Thank you Alex,

Customer:

the NFL requirements for obtaining licensing are insane for a hobbyist like me

Alex Reese :

but don't be surprised if they do not respond, because there are tons of people wanting to do things with NFL logos etc

Alex Reese :

that's rightg

Customer:

Just curious, I actually made the application and had it removed for the trademark violation. I offered my application to another company who is licensed with the NFL. They took my idea and made their own application. I wouldn't have any legal right to that would I?

Alex Reese :

Well there is no protection for the "idea" unless you had an agreement with them

Alex Reese :

if you just share the idea, they can take it

Customer:

Thought so, thanks Alex

Alex Reese and 2 other Intellectual Property Law Specialists are ready to help you
"that they copied".....if they copied your original text/artwork etc. then you could have a copyright claim against them, but there would be no protection for the concept/idea (unless by agreement)

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