Legal Question in Intellectual Property in California

Can I use a athletes name as part of my website name if I sell their products legally. For example if have a account with Nike or Majestic (2 Vendors that sell MLB products) to buy and sell their products at my phtsical retail location can I have a site called www.jeterproductsandjerseys.com and sell Jeter items online


Asked on 2/12/11, 4:05 pm

2 Answers from Attorneys

Rob Reed Law Office of Robert A. Reed

If your name is Jeter, you've got a strong argument. Otherwise, probably not.

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Answered on 2/12/11, 4:39 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. Just because you have an account with Nike or Majestic and an athlete happens to sponsor their products, this does not give you a license to use the athlete's name in your commercial site. That's what athlete's get paid for in the merchandising world - for others using their name. If you're costing them money, they will likely take action to cost you a lot more. Consult with a intellectual 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

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Answered on 2/14/11, 4:10 pm


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