Is it legal to make crafts using team colors only, while not using their logos or mascots?
Los Angeles, CA
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Posted about 1 month ago in Copyright Infringement
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I understand that when crafting you are not allowed to reproduce logos and slogans.
But what about using its colors? For instance if you wanted to make a shirt of your favorite football team, could you make it in the teams colors and paint a football on it as long as you don't use the teams name? My second question is, If a teams logo is something generic like a tiger, could you put a tiger on it as long as it is not their tiger? - Is this your question? Add additional information Answers (1)Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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Colors (and team name and stylem size, and placement of font, etc.) are a big part of a sports team's "trade dress," so if your crafts end up looking enough like a teams' own products so that a consumer might be confused as to the source of the products, then they're infringing.
Same goes for the tiger. You can make crafts with any tiger design in the world, but if your crafts end up reminding a consumer of the products of the team's tiger, then you should expect the rightsholder of the team's trademark and tradedress to sue you for infringment. The whole reason you want to make crafts that remind buyers of this team is to tap into the team's fan base, and that's trademark and tradedress infringement. If you were to make a shirt in the football team's colors with a football and a different verison of the team's mascot, I think the team's fans would be confused and would assume that your products are "official" team products using a new tiger design, and the more crafts like that you sell, the bigger the chance you'd buy yourself a lawsuit. 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.
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