# Trying not to get sued by NFL/NBA/MLB/NHL for copyright/trademark infringement



## chadbalser

I am trying to sell Boston sports themed tee shirts without getting sued for copyright or trademark infringement. I've made about 18 different designs, created a pamphlet, and started to pass them out to local stores. However, the second store I visited offered his advice in thinking that probably close to a dozen of my 18 designs would get me sued for copyright or trademark infringement. 
I had spoken to a lawyer briefly, and he looked at most of my designs and thought they would be okay with maybe just a couple that were questionable. 
I've tried to research, seek advice and follow the blueprint laid out by other companies trying to do the same thing, but I really have two questions:
1 - What exactly are the rules for violating (or to avoid violating) copyright and trademark infringement on professional sports teams and players?
2 - Looking at such sites like sullysbrand.com/store, does anyone know if these companies that produce knock off type images have licenses with professional sports, or maybe tee shirt companies that are contracted to produce pro sports stuff? I don't see any team logos or full names, etc. so I always assumed they don't have a license, but one of the store owners I visited said they did.


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## uncletee

see if cafepress sell anything like yours, good luck uncletee


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## chadbalser

This is my site by the way if anyone wants to look at my shirts and offer opinions:
.facebook.com/StarsNHype
Click on "Men's Tees" to view my designs.
Any feedback is greatly appreciated! Thanks in advance for any help.


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## kimura-mma

Any use of a team logo, team name or player name would be risky to get sued for infringement. There really are no "rules" to avoid legal issues. If the team or league becomes aware of you, they can choose to take legal action at any time. It would then be up to you to stop selling your gear or fight it out in court. You are trying to sell team related merchandise without a license. Some of your designs are ok. Some would definitely be infringement. But even if you're in the legal right, it would be very costly to fight it out in court. So you're basically walking that thin line of operating til you get caught. There is no legal way to infringe. So just avoid the obvious infringements and hope for the best.

There are a bunch of sites like the one you linked. I don't know how each one operate, but as they grow, the team and leagues are definitely aware of them. My guess is, they have been through the legal ringer in one way or another. Either they build a relationship with the team and come to an understanding that the brand does not explicitly use team logos or they come to an agreement where they kick back a royalty payment to the team. Either way, the brand is not officially licensed but is allowed to operate under certain conditions. These brands probably prefer to remain "unlicensed" in the public eye, because it gives them an underground street cred type vibe with their fans.


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## iainlondon

I've been told that on the whole some clubs take an indifferent view about this, and leave it up to the Individual people/companies that have a licence from said Sports clubs to sell their merchandise (Logo)
This article makes for interesting reading (although the law may differ in the USA). Arsenal are a massive Football (Soccer) club with worldwide support so not exactly Minor League.......
Arsenal Football Club vs. Matthew Reed - Wikipedia, the free encyclopedia


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## Rodney

> does anyone know if these companies that produce knock off type images have licenses with professional sports


Here's a great quote from a past post that explains why people seem like they are "getting away with" something:


Solmu said:


> The usual story:
> 
> Some do whatever they want and wait for the cease and desist letter (and hope the company doesn't skip over it)
> Some can afford lawyers to defend on the basis of parody, etc.
> Some are in the process of getting sued and losing
> Some are in the process of getting sued and winning
> Some are just lucky and not getting caught
> Some are just lucky and not getting caught... yet
> Some will plan to settle out of court
> Some are ignorant of the law and don't realise the world of hurt that is coming
> Some are carefully staying on the right side of the legal divide
> Some are carefully staying on the right side of the legal divide, but will be sued anyway, and unable to afford an adequate legal defense even though what they were doing was theoretically legal.
> In other words, some are getting away with it, some aren't.


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## royster13

chadbalser said:


> I had spoken to a lawyer briefly, and he looked at most of my designs and thought they would be okay with maybe just a couple that were questionable.


Most general practice lawyers do not do this kind of law often enough to give a decent opinion.....


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## Tallyplayer

The amazing thing is I am surrounded by other sign shops and t shirt shops blatantly violating copyrights of college and pro teams. I have sent pictures to the NCAA and NFL to their lawyers with pictures and daily nothing gets done. These other shops are killing me as I still refuse to do the same signs, shirts, and stickers and the customer just walks a few feet and gets what they wanted anyway. So even with direct information stgraight to their legal teams nothing happens, and this has been going on for almost two straight years.


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