Will I Violate A Trademark By Selling Something Homemade?

Posted by Copyright Law Enquirer on July 11th, 2009 at 10:26am

I want to create clothing that makes use of MLB trademarks and logos. Even if I sell it at zero profit — just because I’d like to see the product out there in the marketplace — is that allowed?
ALSO: How can someone eBay a pro sports jersey and not violate trademark law?

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Under trademark law

2 Comments for Will I Violate A Trademark By Selling Something Homemade?

  • 1. Marc  |  July 11th, 2009 at 2:25 pm

    You would be violating the trademark laws if you were manufacturing a product that featured any logo that is under protection of the copyright/trademark laws. It would make no difference if you sold the items or gave them away. You can sell a product on ebay as long as the licensing fee was paid at some point (eg. you bought it at a store and then decided to sell it on ebay)

  • 2. rickinno  |  July 11th, 2009 at 9:03 pm

    You may not make anything that has a logo on it without the permission of the copyright owner – eg MLB.
    The sports jersey being sold on eBay was no doubt made by a company that had permission to use the team logo’s. (By paying a licensing fee)
    Richard

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