Legal Question in Intellectual Property in North Carolina
Patent restrictions
What are the legal actions an individual must take if he/she wants to create a product with an NFL, NBA, NCAA, MLB, NASCAR, NHL, and/or PGA logo included on a particular product?
1 Answer from Attorneys
Re: Patent restrictions
Nothing to do with patents; this is a trademark issue. In each case, you will likely find that the league owns trademark registrations in all of the merchandising classes. You would have to obtain a license from the registered owner. In most cases, these licenses are locked-up by long-term exclusive "master" license agreements, and there is often a merchandise licensing agent who handles all licensing on behalf of the owner. Further, the up-front guaranty payments demanded by such licensors are very substantial. If you are prepared to make such an up-front investment, you can ask either a licensing agent or lawyer familiar with this industry to make an inquiry of the appropriate licensing agent/owner.
Best wishes,
LDWG