Legal Question in Intellectual Property in Florida

we have recently purchased at a National Gift Show for retailers some hats which have the name of a local city on them with the colors that are also related to the NFL sport team that plays in that city. No mention is made of the team name. We have been told that these are too close to the NFL team for us to legally sell them. Is this true. How can we be sure. We do not want to have any problems once selling them. We are vendors at a local flea market Thanks


Asked on 1/19/10, 8:51 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You did not say who told you that the hats are too close to the NFL team's trademarks. What is "confusingly similar" and thus trademark/tradedress infringement is a legal conclusion which can only be made based upon the very specific facts of each case. It sounds like the hats probably are too similar, but without looking at them, I can't really make an educated guess.

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Answered on 1/25/10, 8:27 am


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