# Legal issues regarding high school spirit wear



## Inkognito (May 5, 2012)

does anyone have any insight into what is needed to legally print high school spirit wear? i've read and heard a few different points of view. i realize you probably need permission from the school district or the athletic director or the sports boosters, but are there any laws that come into play? is there a difference between printing public school stuff versus private school stuff? i'd think that private schools probably require permission, but what about public schools? are there trademark laws that come into play? also is their a difference between printing just a school name or a team name by itself, versus printing the same with the school mascot included? how do sites like Mylocker.net and Prepsportswear.com get away with it? it seems like they offer custom apparel for just about every school in the US. i guess i have a hard time believing that they have permission from every school district. does anyone have any specific information about this topic?
thanks.


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## scraplord (Nov 6, 2012)

I would talk with the sports director.


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## kimura-mma (Jul 26, 2008)

School names, team names, logos and mascots can be protected as federal or state trademarks. So it's best to ask permission before printing and selling spirit wear. Private schools may be more apt to protect their IP, but trademark laws apply to public schools too. I don't know how those spirit wear sites work, but I wouldn't assume it's legal to use a school name just because they are available on those sites. Regardless of how those sites operate, it's best for you to take the best business approach and ask schools about licensing opportunities.


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## Hegemone (Oct 18, 2011)

Most schools also require a cut from sales of spirit ware, and there are also state groups that one must register with to sell spirit ware and they often require a licensee fee paid back to the school. You also need to watch about stepping on school groups who sell spirit wear as a fund raiser. Some school systems also require you to register as an approved vendor to do anything related to the schools. You need to make sure your ducks are in a row or you can ruin your rep in this crowd pretty quickly. The sites you refer to actually go through the proper local and state agencies who own the schools trademarks and pay a good chunk of change back to the school to "get away with it".


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## Inkognito (May 5, 2012)

Hegemone said:


> Most schools also require a cut from sales of spirit ware


yep, i agree, they should get a percentage of the sales



Hegemone said:


> and there are also state groups that one must register with to sell spirit ware


state groups? what state groups would one have to register with?



Hegemone said:


> and they often require a licensee fee paid back to the school.


i've never heard of having to pay a license fee for printing high school apparel. i am aware of ncaa licensing, but not high school licensing. can you please be more specific?



Hegemone said:


> The sites you refer to actually go through the proper local and state agencies who own the schools trademarks and pay a good chunk of change back to the school to "get away with it".


how do you know this? i'm not doubting you, i'd just like to know your source so i can look into it on my own. i like to check facts. thanks.


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## binki (Jul 16, 2006)

I don't agree with anything said up to this point. I have rarely seen a high or jr. high have original artwork or a TM on their work. Mostly, what I see is either:
A) stock art with a team name
B) TM or copyright violation on the part of the school (they copied it from somewhere else)

Now, I went to both a Jr. High and a High School that did have original art, not copied from anywhere but done for that school. I was there when it happened for the Jr. High and the High School had a contract with the artist while I was there. 

Other than that, I rarely see original art from a school that is not a college. 

Having said all of that, there is a lot of benefit in becoming a preferred vendor to the district. It can be done but it is tough to do. 

The only thing you are going to have to reconcile is how do you do the work when it is trademark protected from someone who isn't the school who stole it to begin with. 

Good Luck

Here are some references
http://images.google.com/search?num...047d9f8335b4cf&bpcl=37643589&biw=1600&bih=703 
http://images.google.com/search?num....172.2250.3j14.17.0...0.0...1ac.1.5LjV2nOe8-w 
http://images.google.com/search?num....r_pw.r_qf.&fp=5b047d9f8335b4cf&bpcl=37643589


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## 2STRONG (Oct 17, 2007)

my only concern is if you look at most schools they don't follow the rules either tons of school mascots represent logos from other nationally know university's or major league team. so i doubt they will try to fight you for copyright but they may try to fight for a share of the sales


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## GordonM (May 21, 2012)

I was also going to reply to this and agree with binki that most lower-ed schools will not have any IP claim except for possibly the mascot artwork, which may be done by students -- that was the case with the schools I attended. 

Even pro teams cannot trademark common mascot names such as "Jaguars" or "Pirates." With few exceptions, they always have to be combined with the school name to make them unique and trademarkable. A shirt that simply says "Go Pirates!" is not infringing, because it is too generic to be protected. Many schools within a state will have the same mascot names. It's not unusual for schools within a state to have the same names. You can imagine how many "Washington High Schools" there are in the US, and it's a given many of them will have mascot names like "The Patriots."

For t-shirt sales, a school would have to trademark the name for apparel, and regularly maintain that mark which is itself an expensive endeavor usually requiring counsel on retainer (though the actual work is done by a paralegal, that's beside the point). I can't imagine many school districts taking the time, or having the budget.

But as binki says, there are benefits to being a preferred vendor, as they bring business to you. You'll make more money in the long run.

The above is not legal advice.


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## Hegemone (Oct 18, 2011)

Most High Schools are governed by state groups that you are required to register with that proves you are giving a cut to the schools. Believe me or not but it's usually something like the state high school league or state athletic association. High Schools/district also own the rights to their logo. Maybe not the name but definitely the logo. Do they always enforce. nope. At least in my state and county I am doing it legally and respectfully to the schools. So my advice is. do the research and buck up and talk to a representative of the school district. Your likely to learn a lot and also make some connections. 

Trademark and copy right maybe separate issues mired in legal ease. 


Best of luck.


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## chartle (Nov 1, 2009)

Hegemone said:


> Most High Schools are governed by state groups that you are required to register with that proves you are giving a cut to the schools.* Believe me or not but it's usually something like the state high school legue or athletic association. *High Schools/district also own the trademark to their logo. Maybe not the lame but definitely the logo. Do they always enforce. nope. At least in my state and county I am doing it legally and respectfully to the schools. So my advice is. I do the research and buck up and talk to a representative of the school district. Your likely to learn a lot and also make some connections.
> 
> Best of luck.


I could see this. Our high school is part of the WPIAL (Western Pennsylvania Interscholastic Athletic League) which one of 12 districts of the PIAA (Pennsylvania Interscholastic Athletic Association).


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