Athens, OH asked in Intellectual Property for Washington

Q: Would it be Illegal to sell a hockey jersey that does not have the NHL logo or the name Reebok anywhere on it?

Say I had a Red Wings jersey that looked like the real jersey but was not real because of the stitching, straps, etc. But the jersey did not say Reebok or NHL anywhere on it. Would it still be illegal to sell would I be infringing on any IP?

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1 Lawyer Answer
Walker Weitzel
Walker Weitzel
  • Seattle, WA
  • Licensed in Washington

A: The key question in trademark law is whether there is a likelihood that a consumer would be confused about the source of the jersey. There are a bunch of parts of a jersey that might indicate its provenance, including the design, the team name, any logos, team colors, etcetera that could all be used to inform a consumer where the jersey came from. If the jersey looked exactly like a team jersey, but it was missing the Reebok and NHL logos, a consumer might still be confused about the source of it. The question is whether there is a likelihood of confusion for an ordinary consumer.

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