Legal Question in Intellectual Property in Indiana
I make outdoor games for resale, and I would like to know if I just put the colors of a team and stencil the name if I violating any licensing or trademark laws? Example: if it said bears, buckeyes, phillies, or another team name?
2 Answers from Attorneys
Both names and colors can be protected by trademark law. Major professional teams today often have trademark compliance departments which actively enforce their rights. If you're going to be selling the outdoor games (a "commercial" use"), you'll want to check with an attorney to review your specific situation and make sure you operate in accordance with trademark laws.
In addition to the teams, the leagues have strong enforcement of their trademark rights. Trademark licensing (e.g. "officially licensed merchandise") is, along with TV rights, one of their main sources of revenue, Leagues have investigators and attorneys that make it their career to find about infringements like you propose. You need to contact the league and get the appropriate license at the fee they will charge, and it may already be licensed exclusively to someone else. Do it legal or risk serious consequences, the choice is yours. Contact a trademark attorney or intellectual property law attorney for experienced legal advice.