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I would like to sell an item with the last name - and possible the jersey name - of players from specific NFL teams.

Wausau, WI |

The team name and logo would not be used. Team color would be used for the background. The font would not be specific to the team.

Attorney Answers 3


This smacks of both trademark infringement as well as a violation of those players right to publicity and privacy.

The NFL has rights not only in their specific trademarks (text and logos) but also in their "trade dress" (see link below for more detailed explanation of this). This means that merely using their colors on a jersey would be a infringement without their permission. Adding a player's name from that team and you have nailed in the coffin lid.

Please consult a lawyer for some specific guidance before you jump in here.

Best regards,
Natoli-Lapin, LLC
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3 lawyers agree


I agree that there may be a serious trademark issue here. It would be possible to go other directions with that idea if you're so inclined though.

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1 lawyer agrees


I agree. The short answer is that there would likely be both trademark infringement as well as a violation of those players' right to publicity and privacy.

The information in this posting is not intended to constitute legal advice or opinion and should not be used or relied upon as legal advice or an opinion about the question asked or about any particular matter, facts, situations, or issues. You should always consult a lawyer about your particular circumstances before you act on any of the information contained in this posting because the information may not apply to you or your particular situation. This posting does not establish an attorney-client relationship between you and our firm or any of our individual lawyers

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