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

Asked 12 months ago - 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)

  1. Frank Anthony Natoli

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  2. Maxwell Charles Livingston

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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.

  3. Thomas Arnon Allen

    Contributor Level 3

    Answered . 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... more

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