using sports merchandise in new product

[katnik]

What is the name of your state? IL and MA

I would like to create sports-themed items to sell to the community. My question is: can I incorporate officially licensed sports items (major league - NFL or NHL, etc. or college) into my products for sale?

For example, say I create a St. Louis Rams-themed gift basket using their NFL officially licensed souvenirs (that I bought) to decorate it. And I sell that basket. Would I be within fair use of their licensing laws?

thanks!

 

[divgradcurl]

For example, say I create a St. Louis Rams-themed gift basket using their NFL officially licensed souvenirs (that I bought) to decorate it. And I sell that basket. Would I be within fair use of their licensing laws?

If the souvenirs that go into the basket are lawfully-purchases licensed products, then yes, you could sell these gift baskets without running afoul of trademark laws. However, the more difficult problem will be in advertising these baskets -- because if you do so in such a way that a customer could be potentially confused as to whether or not the basket itself was official licensed by the NFL or the team, then you would likely be infringing on someone's trademark.

In general, it is a "fair use" to use someone else's trademark in a purely descriptive manner -- but this is a pretty narrow exception, so you'll want to be careful. "Gift basket containing NFL-licensed products" is probably okay, because you are using a correct description of what the basket contains. "NFL giftbasket" is probably not okay, because a consumer could believe that the basket was licensed by the NFL. And if you sell these on a website, using the terms "NFL" or the team name in the metatags or the page title will also likely get you into trouble with the trademark holder.

If you are planning on making any money doing this, it is probably worthwhile to sit down with a local attorney experienced in trademarks who can review ALL of the facts surrounding your giftbaskets and advise you accordingly.

 

[katnik]

Thanks for the advice! Appreciate it.