Legal Question in Business Law in California
Hello there...
I have a question regarding my business. We do sale custom decal. where customer bring there own outwork and we convert to the car decal, now my question is that so many customer ask us to make team logo for example anaheim angels logo. We are not making those but we know so many competitor of ours are making those, to do so u have to go online find a logo and then we can convert to the car decal, but i would like to know am i violating any laws to making those car decal, or should i have take customer's signature on a paper that we are not responsible for violating the law or something and then make it.??
4 Answers from Attorneys
No. You are right to refuse to violate the trademark and copyright laws. Unless they have a letter from the Anaheim Angels, no sale.
I agree that if you made these signs by participating in finding the artwork you would be guilty of trademark infringement. If the customer brought in camera-ready copy, less likely. You might want to consult with the team to see if they'll give you a blanket OK to cut signs for fans who aren't going to use them for commercial purposes.
The other attorneys are right on point. Any trademark or franchise attorney will say it's not worth your risk to violate trademark rights held by the Anaheim Angels and others. The legal way is to approach the trademark owner and obtain permission - in writing. Consult with a good trademark or franchise attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Violating the trademark laws will get you sued by the team. They are generally pretty serious about enforcing their rights. You could contract with them to sell and pay royalties, which is the way it is supposed to be done.
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