Legal Question in Intellectual Property in New York

Is it illegal for me to make and sell t-shirts with logos of sports teams and organizations that no longer exist? For example, a hockey team that existed in the 1980's but the team and the organization no longer exist as well as the league no longer exists. Basically, these are logos of teams/organizations/professional leagues that lasted for a few years at the most anywhere from 20-60 years ago. Do these logos really still belong to anyone and if they do what are the chances of someone suing me for profiting off of their old logos?


Asked on 6/28/11, 1:40 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. Based on trademark experience, you need to be careful. Because the sports teams and organizations no longer exist (and presumably their logos are no longer in use), you may have a good "abandonment" defense if you get sued. The unanswered question is what organization or league may still assert trademark or service mark rights and decide t sue you for infringement. 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

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Answered on 6/29/11, 11:29 am


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