Skip to main content
John Duy Tran

John Tran’s Answers

4 total

  • If I make a t-shirt with a hybrid design of the major league baseball logo, am I infringing on any laws?

    I designed a hybrid logo (hunting related) of the major League Baseball logo, can I legally sale these shirts?

    John’s Answer

    Bottom line: if your "hybrid" logo can be found to cause a likelihood of confusion with the MLB logo then you may be liable for trademark infringement. In addition, there are possible grounds of trademark dilution of the MLB logo by your hybrid design.

    As my other colleagues have stated, you may have a defense of "parody" but it is not clear whether your hybrid logo would qualify under such an exception.

    See question 
  • Is it legal for me to resell business contact lists?

    Hello - I work as a list developer, and sell category-based contact lists to companies and executives. Recently, I bought a bulk contact list from another list provider. List items within include publicly available information, such as web address...

    John’s Answer

    In regards solely to the intellectual property issues, there does not seem to be a trade secret issue since the lists were sold to you and contain public information and it does not seem you are binded to any confidentiality agreement. However, the compilation and layout of certain lists have been held protectable as copyrights so you should check the copyright database to see if any registrations may exists on this business contact list.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    See question 
  • Drawing lessons vs trademarks

    Hi everyone! I am currently building a website about drawing cartoons. I would really like to create a section about drawing famous characters. Of course, these characters are copyrighted and do have trademarks. My question is: Is it leg...

    John’s Answer

    I would recommend reviewing the "Fair Use' defense in the copyright act and under the U.S. Trademark laws.

    Fair Use provides certain limited exceptions to use trademarked and copyrighted information for educational and non-commercial purposes.

    See question 
  • Slogan

    I have been approached by an NFL team interested in my idea for a marketing campaign. Basically, it is a slogan the would be paired with their logo for advertising and for use on team merchandise. I am seeking advise as to what this is worth. I am...

    John’s Answer

    Slogans are protectable via U.S. Trademark Law. However, the valuation of any intellectual property (e.g. patents, trademarks, copyrights etc...) is often very difficult and deals with a variety of factors (e.g. strength of mark, size of market, prior relationship between buyer/purchaser, trademark registration validity etc...)

    A common approach is to attempt to identify similar slogans used in the same market and attempt to determine the value by prior assignment or purchase agreeements. If this information is not available to you then most likely you might have to rely heavily on the valuation by the purchaser (NFL) and then negotiate from there.

    See question