Legal Question in Intellectual Property in Missouri
My husband sells crafts at craft shows. We are looking into buying officially licensed NCAA decals and sticking them on our crafts that we sell. Is this legal? It is a craft that no one else makes so it would not be replicating anything sold by the NCAA.
2 Answers from Attorneys
The problem is you're taking someone else's trademark and using it, without authorization, to sell your crafts. That's trademark infringement. These cases are highly fact dependent so you should consult an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
I agree. Applying another's decal logo to an unlicensed product is trademark infringement. The reason behind this is that otherwise the trademark owner would not have control over the quality of the products that bear their trademarks or the reputation it carriers, you and others like you would. Also, consumers would not be able to rely on trademarks as indicators of source of the product. Consumers would think the trademark owner authorized this new product, which is false. In addition, you are trying to reap where you did not sow by riding the coattails of the trademark owner. If you want to sell products purporting to be officially licensed, you need to get them officially licensed, not use decals to make and sell counterfeits. If you do what you propose, you could face very large damages, perhaps treble damages plus attormey's fees. Stop before you start. What you suggest would be extremely illegal and extremely risky. Sports leagues and teams watch closely for infringements, because licensing is a major source of revenue.
Since I am an experienced trademark licensing and litigation attorney, I know there are ways to do this legally with modifications an experienced trademark attorney can suggest and that you will not get them for free on lawguru.
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