Legal Question in Business Law in California
Hello, my name is Enrique and I am planning on starting an online business. It will involve the crafting and design of wrestling masks basing on NFL team helmets. Can I use Team Logos? How close can I get to the original ones without being considered piracy?
3 Answers from Attorneys
1. No 2. Not very
As a Franchise Attorney I agree with the other answer. You can't infringe on someone's intellectual property without their permission, which is usually obtained via a license. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I agree with the attorney's above. Generally, the test for infringement is whether your product is substantially similar. There will be many factual elements that will be examined to establish this, but if your product convinces a buyer to purchase because it looks like an NFL team's, then you are likely starting in a bad position in defending copyright lawsuit.
To move forward with your idea you would need a license. You should contact and intellectual property attorney in your area.
Goodluck,
Jim
Jim Betinol
Attorney, Partner
Withrow and Betinol Law
Intellectual Property, Business, and Contracts
(t) (424) 229-2560
Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.
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