I guess this is mostly aimed at Dagonee, but I'm sure there are others out there with legal experience in this arena.
My question is, if I wanted to print T-Shirts capitalizing on the recent success and upsurge of popularity of a college, what restrictions am I under with regard to using the name or logos of the school?
More specifically, can I use the name of the school at all? Can I make modifications to one of the school logos (for instance, altering what the mascot is wearing or holding)?
I'm pretty sure I can make up T-Shirts that have clear connection to the university without using the exact name or logo, without any problem. For instance, someone on campus had shirts printed that just said "9-0" in white letters on red t-shirts - and they sold very well, because everyone knew what the shirts were talking about on campus.
I emailed the licensing and copyright guy at the school to see what I would need to do to use the school's name or logo, but I was wondering what recourse I had if the school said no.
Anyone have any input on this?
Posted by fugu13 (Member # 2859) on :
No logos or near logos (trademark and copyright issues). No school names (trademark issues). School nicknames are likely okay, but that will depend on other issues.
Things connected to the school such as 9-0 are perfectly fine. You can get a lot closer than that, too.
Posted by Dagonee (Member # 5818) on :
FC, I can't provide help on a matter like this - it would violate a bunch of ethical rules. Sorry.
Posted by FlyingCow (Member # 2150) on :
Thanks, Dag. I'm not exactly clear on the rules regarding legal ethics, but I understand that there could be cause for concern.
I'll wait back on a response to my email to the University. I think I have a very marketable idea, and would love to be able to legally pursue it - and have the University take a part of the profits.
If not, there are ways to pursue my idea without using the school's name or logo, I just feel the marketability is higher (obviously) if they could be used.
Would you be able to point me toward a website that has rules regarding these things, or possibly a person I could contact or book I could use for research?
Posted by Dagonee (Member # 5818) on :
There are several potential issues:
1.) Conflicts. Before helping on such a matter, I'd need to be sure that I (and "I" includes my entire firm) am not representing anyone whose interests are adverse to yours in this matter. In this case, that would include the school, merchandisers licensed by the school, and possibly others.
2.) State. Trademark is covered by both state and federal law. I would need to render an opinion concerning state law to be able to tell you what is legal and what's not. I am only licensed in one state.
3.) Competent representation. There's a minimum standard of research and investigation I'd have to do before rendering legal advice. Although this could be overcome with time and effort, I can't give an "80%" answer in a situation where someone would be using the advice.
Posted by FlyingCow (Member # 2150) on :
Gotcha. That makes sense. I guess I'll see what the University representative says, and then figure out what my courses of action are from there.
Posted by Chris Bridges (Member # 1138) on :
The school's nickname would also be out of bounds, especially if it's trademarked. Generally speaking, any slogan or symbol that relies on the celebrity of the school to sell or could be mistaken for officially sanctioned merchandise is open for question. The 9-0 example is perfect because it avoids everything potentially litigious and sells anyway.
Posted by FlyingCow (Member # 2150) on :
What if, for sake of argument, someone drew a cartoon aligator wearing #12 and throwing a football and put it on a t-shirt? Would you think that would infringe on Florida's trademarks or copyrights?
Posted by fugu13 (Member # 2859) on :
So long as the alligator doesn't look too much like any alligator the school uses to represent itself and the shirt the alligator was wearing did not resemble the school's jersey design too much, that should be fine.
Posted by FlyingCow (Member # 2150) on :
That was what I was thinking. The problem comes in determining how close the resemblence can be, and what constitutes resembling the design "too much".
I think I can make my idea work without any use of name or logo, and that might be the best course - simply because I can get it done faster, striking when the iron is hot.
Posted by fugu13 (Member # 2859) on :
Best way to avoid resembling the jersey design too much is to have the alligator's shirt just be a solid color except for the number.
To keep the alligator acceptable, have an artist who isn't familiar with how existing images of an alligator are used by the university draw it, then compare it to those yourself. So long as its not easily mistaken for one of theirs, no worries.
Posted by FlyingCow (Member # 2150) on :
The alligator was just an example - not really what I'm looking at doing.
I was just wondering if associating the idea of "Gator" and "football" was enough to cause concern... maybe even with the outline of the state of Florida in the background... even the QB's number, or perhaps his name?
What if it's just a gator's head, but not the actual Florida logo?
I'm just not familiar enough with the rules of trademark and copyright.
Posted by fugu13 (Member # 2859) on :
Copyright is pretty easy to be safe on. Something like "an alligator" or "an alligator's head" is far too general to be a derivative work of anything depicting an alligator or an alligator's head, provided they don't look much alike in terms of style and pose, et cetera.
Trademark is harder in some ways, but many of the things to do to avoid infringing copyright help with trademark.
Associating the ideas of Florida and an alligator is perfectly fine. A phrase like "Florida 'Gators" might not be, but it also might be. I don't know enough about what Florida might have trademarked.
Stay away from the QB's name. It could well be safe in certain uses, but easier to stay away.
Nobody has a copyright or trademark on an outline of the state of florida (provided you do the outline or use an outline in the public domain). Use one in your shirt design however you like, provided the overall effect is not overly similar to any mark the university uses.
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