QUESTION

Is selling non-authentic sports jerseys illegal?

Asked on Jun 19th, 2014 on Business Law - California
More details to this question:
If I were to sell sports jerseys that are not the authorized team jersey, would it be illegal? The jerseys I'd be selling wouldn't have a Nike/Adidas/etc. logo on them and I wouldn't claim that they are official team jerseys.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It depends on whether you would be using any trademarks or other intellectual property of someone else.  For example, you couldn't use the particular interlocking "NY" design used on Yankee caps because that is a trademark of the New York Yankees.  The Yankees may have sold the trademark to MLB Properties or some other entity, but the point is that you can't use it for your commercial purposes without the trademark owner's permission, which you would have to pay for. 
Answered on Jun 19th, 2014 at 3:39 PM

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