IF I MAKE WOODEN WAGONS AND BUY A LICENSED DECAL OF A COLLEGE AND PUT IT ON THE WAGON AND SELL THE WAGON IS THAT LEAGAL

Attorney answers (2)

1. 

   Frank Natoli

   New York Intellectual Property Law Attorney

   Contributor Level 16

   3

   Lawyers agree

   Answered February 14, 2013 07:42. Hi,
   
   No. The decal you purchase is for personal use. It is not intended for you to place on items for resale as this would be a trademark infringement because the college did not license you the right nor did they endorse the product you would be selling.
   
   If it were only that easy ;)
   
   You may be able to acquire a license to offically sell branded products, but you will have to explore that.
   
   I suggest you discuss any of your plans with a lawyer before executing just to make sure you are not placing yourself in peril.
   
   Most of us here, including myself, offer a free phone consult.
   
   Best regards,
   Frank
   Natoli-Lapin, LLC
   (see Disclaimer)

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2. 

   J Scarbrough

   Brookfield Intellectual Property Law Attorney

   Contributor Level 12

   3

   Lawyers agree

   Answered February 14, 2013 08:09. No. The licensed decal contains the trademark of the college.
   
   A person buying your wagon would think the wagon was made specifically for the college or they somehow endorse, sponsor, approve of the use of their mark on the wagon.
   
   Trademark laws were created over the centuries to protect from exactly this type of abuse of the reputation of the mark.
   
   That being said, if you made one wagon and sold it to your best friend who is a Sooner fan to put on his mantle, then I doubt anyone will care, but that does not make it legal.
   
   Good luck.

   My disclaimer is simply that Avvo already has an adequate disclaimer.

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