Patenting unique sports clothing, protecting an idea, sports licensing, non-disclosure agreements

You start by doing some reading about what a patent is, and what a trademark is and how these kinds of intellectual property function. See the guide linked below, written for non-lawyers. You may also want to do some reading about clothing, and sports clothing in particular. If you search Avvo for "clothing pa6ent" and "sports team," you'll find many questions and answers about patenting clothing and about making clothing using sports teams' colors, logos, "trade dress," etc. etc.

Simply put, you can't patent clothing except for certain rare types of design patents that cover new and non-obvious designs and only cover the ornamental aspects of the clothing, and you need to avoid sports teams' trademarked colors and trade dress.

You're better off choosing, clearing and registering a trademark for your line of clothing that identifies and distinguishes your line from others, and is used consistently to identify the clothing line.

Launching a new business is full of details and legalties and risks, and before you invest your time, money and energy into it, consult an IP/business lawyer to put you on the right track.

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.

Notice: The below is for educational and informational purposes only, is not a reflection on or a representation of any views or opinions held by my employer, and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship.

I agree with Ms. Koslyn. You should first do some research on the Internet and perhaps read a book or two about patent, trademark and licensing law. You might wish to query, "How to license your idea" and "Design patents" on Amazon.com, or peruse some of the intellectual property books for non-practitioners available on the site.

In short, whether or not you can patent your invention, you should still tread carefully, given the fact that sports teams and leagues (e.g. NBA, NFL, NCAA) are very vigilant in enforcing their trademarks and trade dress, which includes team logos and colors. While a non-disclosure agreement ("NDA") might be preferable if you plan to "sell" your idea to a particular team or league, it will most likely be difficult for you to convince the powers-that-be to sign the NDA. That is just the nature of business.

You should be careful in writing any more about your idea on Avvo, or on any public forum for that matter, especially if you are concerned, as you say, that a third-party might be interested in such an idea. Good luck.