Can I use a team's city name on a product if it's not in the form of their logo but uses 1 or more of their colors?

City names (and countries, counties, and states) are available for anyone to use. Colors are also available for anyone to use. Where you get into trouble is using a combination similar to the "trade dress" of what some sports team uses and owns and would presumably protect.

Do a search here in Avvo for "trade dress" and "team." Lots of people ask about some magic formula that they think exists that will enable them to trade just enough on a sports team's "trade dress" to get their fans to buy their products, but will be just different enough to not get them sued. What if they use only the name, in a different font. What if they use the colors but no name. What if they use a different version of the team mascot. Etc., etc. etc.

And we lawyers always answer thew same way. IT DEPENDS.

What the team probably owns and will protect as their tardemarks in the classes for entertainment services, clothing, toys, etc., is the team name, plus the colors. They also own the trade dress: the particular configuration of colors (plus their team name and logo using its font in the same size and placement as where their uniforms place it, etc. etc.) that acquired "secondary meaning" in the minds of consumers. That's what makes the trade dress valuable, and perhaps that's why you want to use one or more of their colors. You're free to use any city name and colors you want for any purpose, BUT just not in a way that recalls the products of any rightsholder and confuses their consumers so that people buy your products under the mistaken that they're the offical products of the team. The answer to trademark infringement questions is almost never YES or NO, it's almost always: DOES YOUR INTENDED USE CAUSE CONSUMER CONFUSION?

The bottom line is, if your use calls to mind some other user because your use is similar enough to their use and might confuse some buyers, chances are good that it's an infringement. Consult an IP lawyer to run your intended use by them before you market anything.

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.

OHHHHHHHHHHH these are the kinds of questions that give trademark and copyright attorneys a headache! These marks are registered for a reason: so that the originator can protect the good will that they invest time and money to establish. These symbols that we all know (the icon of the Patriot, in my neck of the woods) acquire what is known as 'secondary meaning'. In other words, for example, if you see a red stylized "B" on a blue or white background you know exactly what 2004 and 2007 World Series winning team that image refers to. Now, you start to change it or alter it a little bit, you may or may not be able to get away with it. And, it may depend on how aggressive the league's attorneys are in protecting the original mark. However, part of establishing and maintaining the right to a mark is defending it where it is challenged. So, in my experience of reading these cases for decades, the sports leagues are pretty aggressive in defending their marks.

I've had clients get nasty letters [legally known as a demand to cease and desist] from national franchises when their concept approached or crossed the line of infringement. At that point the options are to ignore it and risk a law suit, negotiate a settlement, sign up for a license, which is expensive and requires compliance with conditions you may or may not want to comply with, or change your product or service.

See a trademark/copyright attorney before you go forward with this.

This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction and with experience in the area of law in which your concern lies.