Unfair Competition Using Non-Associated Symbols?

Student query: can you be accused of unfairly competing with an entity if you avoid all use of their symbols, names etc., but use an image that might bring them to mind, but that they have never used themsleves? For instance, say that the L.A. Kings hockey team had never used the figure of a king as a symbol (they may have, I do not know, but for example). Then somebody makes a t-shirt with a king on it. I assume that is not an infringement, as there are many of those available out there. But what if the king was holding a hockey stick? Would it matter if the shirt was just being sold on the net, or only in Miami, as opposed to right across the street from the Kings' arena? Can you infringe with something that may bring an entity to mind, even if its entirely your own creation?

Los Angeles, CA -

Attorney Answers (2)

Pamela Koslyn

Pamela Koslyn

Intellectual Property Law Attorney - Los Angeles, CA

If you're a student, shouldn't you be doing your own research?

Daniel Nathan Ballard

Daniel Nathan Ballard

Intellectual Property Law Attorney - Sacramento, CA

Read the following case and then follow up -- if you need to -- with more specific questions: http://j.mp/935UJR

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