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NFL player name/color trademarks Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by rye111, Nov 18, 2009.

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  1. rye111

    rye111 Law Topic Starter New Member

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    Could I legally design a T-shirt that said "I heart Ben" with the number 7 in the heart in gold lettering with breaking NFL trademark or likeness laws. Ben would represent Ben Roethlisberger and the 7 is his number. How about a T shirt that said "Mrs. Roethlisberger"? I have seen similar shirts for sale on Ebay. Thanks.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Trademark law prevents issues of confusion with designation of origin or trademarks. I personally don't think you'll have a problem with most of what you describe. The problem with most of the ebay issues here are the same - people believing they are buying official jerseys when, in fact, they are not authentic and counterfeit goods.
     
  3. guestposter

    guestposter New Member

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    If I want to design hats in colors that would be colors combos of sports teams and call out that it is not a licensed product on Tags and advertising. Can I do this without any issues with trademarks? The colors maybe NFL colors together, but also are local team colors.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Colors - you should be free to do mostly what you want. I have heard of cases where apparel was close enough to the team colors that the teams filed suit (or threatened) -- doesn't mean they will win or that they are right. After all, it's not possible to have a trademark on a black and white down jacket.
     
  5. Unregistered

    Unregistered Guest

    When you think about it, that's got to be the right asnewr.
     
  6. Unregistered

    Unregistered Guest

    I'm impressed! You've magenad the almost impossible.
     

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