Legal Question in Intellectual Property in New York

Imaging Rights

I have acquired full federal trademark rights to a very prestigious sports awards, at one time the 'Oscar' of all sports awards presented annually to a professional American athlete. The past recipients include many legends from our great sports past. It is a wonderful piece of sports Americana. Since I own the rights, does that mean that I can move forward with sports related products regarding the past recipients of this prestigious award. I am not an expert on the law, however I would like to know if having federal registered trademarks give me the right to make products which include the image rights of the past recioients. I thank you for your precious time regarding this matter.


Asked on 2/14/09, 9:46 pm

3 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Imaging Rights

Owning the rights to the award is not necessarily the same as owning the rights to the images or the use of the names of winners. Much more detail would be needed before one could properly assess this very complicated situation.

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Answered on 2/15/09, 8:18 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: Imaging Rights

I agree with David Browde that owning a trademark does not necessarily give you rights to the names and likenesses of, let's say, those who have won the awards. I'd say most likely not unless there was some release or other consent provided in conjunction with the provision of the award. You write that you want to move forward with "sports related products regarding the past recipients." If, for example, you want to produce a line of collectibles like cards, plates or apparel, you'd not only need to expand the protection of your trademark to such goods but would need to consider the rights of publicity of any person depicted. You'd also need to acquire the right to use any image protected by copyright. So, while the answer to your question is probably no, you can still proceed if you're prepared to spend the effort and expense that will be likely to obtain the necessary licenses.

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Answered on 2/15/09, 12:24 pm
Ken Feldman Feldman Law Group

Re: Imaging Rights

I agree with the other answers. Even as to the trademark, you need to see who and how it has been used as tradmark registration alone only gives you a presumption of rights, it is use in the United Stares that actually gives you rights.

That said, if you own the mark, you could also start something without using copyrighted material or images protected by rights of publicty.

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Answered on 2/16/09, 10:15 am


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