QUESTION
Trademark Infringement for NFL & Chicago Bears
Asked on Dec 13th, 2013 on Intellectual Property - Illinois
More details to this question:
We are in the process of designing a mens accessory (apparel) that would be based off a teams jersey. The design entails alternating stripes in the teams color with a jersey number underneath (i.e. Navy with White and Orange stripes for Chicago Bears). The font used for the jersey number would be similar to the one used for each team (i.e. White with Orange outline in block letter font). There would be no mention of the team city/name or player name on the product. We are not sure if this would infringe on any trademarks with the NFL or the Chicago Bears.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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Trademark rights have to do with creating an expectation in the mind of the consumer that a good is from (or licensed by) a specific source. If the product is being designed to make the consumer think of the Chicago Bears, there is a decent chance that the consumer will believe the product comes from or is licensed by the Bears. If you are hoping people will buy the clothing because it brings the Bears' apparel to mind, you are probably infringing their trademark/trade dress rights. Creating that consumer confusion/association with the Bears is trademark infringement.
Beyond not wanting to commit trademark infringement, you probably do not want to come close to trademark infringement. If you are close enough that the Bears or the NFL could file suit and force you to spend six figures to determine if you were in the right, you are probably out of business.
Good luck,
Todd
Answered on Dec 16th, 2013 at 10:34 AM