Is it infringement?

Asked about 1 year ago - Cambridge, MN

I thought of a slogan related to the oakland a's. All i was going to do was print on green, yellow or white t's with the slogan on them. The slogan doesn't mention oakland or the a's. The slogan just says i'm into a certain stat. I can use general colors and simply target all fans if this is infringing on the a's.
Also, am i allowed to use just the name cy young(no images of cy young crown) in another slogan i thought of? This would also be screen printed on t's.

Thank you, jeremy

Attorney answers (3)

  1. Michael Essien

    Pro

    Contributor Level 9

    Answered . Your intent or desire as offered, does not tell much except that you want to lean on some brand or franchise for some gain. I am not removing the team's name on a potentially infringing activity will really save you from infringement if all the other aspects speak to the infringing act.

    Similarly, if you have no intent of using Cy Young for your gain, I am not sure why you want to print it on a T.

    Almost all you state leads to potentially worrisome outcomes.

    This is not a legal advice as I do not have an attorney-client privilege with you. You should retain a lawyer... more
  2. Bruce E. Burdick

    Pro

    Contributor Level 20

    Answered . Jeremy from Cambridge, MN:
    That is perilous to do. It likely infringes trade dress of the Oakland A's. I don't see how you are going to copy enough of their trade dress to conjure up their image and yet not infringe their trade dress. Basically you want to make money by "borrowing" their reputation that they have made millions of dollars to acquire.
    So you want a certain stat? Here is one, the Cardinals currently have the best record in baseball and they are coming to Oakland tomorrow to face your Cy Young candidate, ranked AL's 4th right now, with our rookie sensation, Shelby Miller, ranked NL's 9th. Go Cards!

    Also, your second thought has a St. Louis answer. Matt Scherzer (a St. Louis native) and Detroit Lions hotshot is leading the AL Cy Young race at 11-0 and the Cardinals' Adam Wainwright leading the NL Cy Young race http://espn.go.com/mlb/features/cyyoung
    You might like Barolo, but until Scherzer loses http://insider.espn.go.com/mlb/story/_/id/94209...

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  3. Andrew Endicott Schrafel

    Contributor Level 14

    Answered . The heirs of cy young will probably come after you.

    Better you not do this.

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