If we purchase licensed product from a vendor with the license, do we need one to sell it?

Nottom

New Member
Jurisdiction
Wisconsin
My company (let's call it A) was looking at creating and licensing a product line with the NFL. I did some research into it, presented the costs, and the owner decided it would be easier and cheaper to work with a company (B) that already has a license to avoid the application process. B already has a license with the NFL to produce and sell officially licensed merchandise in a variety of categories, but they don't produce anything in the same product category as we are looking at.

My concern is this, which is where my googling has failed me: If A purchases licensed NFL product from B, does A also need an NFL product license to sell that product commercially? Does B need to apply for a separate product license for the new product line, or will their existing license cover it?

Is collegiate the same situation?

Edit: You know how after you finally ask for help with something you figure it out? Yeah.
Amazon 10-year Deal with NFL Means Restrictions for Sellers

Still looking for answers on collegiate.
 
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My concern is this, which is where my googling has failed me: If A purchases licensed NFL product from B, does A also need an NFL product license to sell that product commercially? Does B need to apply for a separate product license for the new product line, or will their existing license cover it?

Is collegiate the same situation?

You need REAL legal advice, advice from an attorney retained by you to guide you through the process.

Strangers can't do much to help you here, but they sure can end up hurting you!!!

Before you leap into a messy lawsuit, seek and retain (as in spend money) legal counsel.

Bottom line, ask the lawyer to create and publish for you, a legal letter addressing your concerns.

Yes, it'll cost you money, but it'll avoid losing a lawsuit by an entity protecting it's trademarks and products.
 
You need REAL legal advice, advice from an attorney retained by you to guide you through the process.

Strangers can't do much to help you here, but they sure can end up hurting you!!!

Before you leap into a messy lawsuit, seek and retain (as in spend money) legal counsel.

Bottom line, ask the lawyer to create and publish for you, a legal letter addressing your concerns.

Yes, it'll cost you money, but it'll avoid losing a lawsuit by an entity protecting it's trademarks and products.


Speaking honestly, I figured that this would be the answer in the end. However, I'm not in charge and can only do as much research as possible to find all the information and give that to the owners to make decisions.

Thank you for the answer.
 
The First Sale doctrine says that you can resell merchandise (notwithstanding any agreement to the contrary you made when you purchased it). The usual challenges to such resales are improper use of the TRADEMARKS involved. This is where it gets sticky. You can use the trademark to describe the licensed item, but if you use it in a way to promote your item, you can face problems. In addition, certain venues like Ebay are extremely friendly to the trademark holders in discretionary removal of listings asserted to be infringing.
 
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