San Diego, CA asked in Business Law, Intellectual Property and Trademark for California

Q: Is it legal for the NFL to tell licensed distributors who THEY can sell to. They want to limit any seller who is online

We are an online seller who is being told to not sell MLB or NFL items on Amazon or e-bay. They want to corner the market and cut out sellers like us who set the markets prices.

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Answered

A: I do not see a patent aspect to your question. Presuming you are selling hats or balls. If so, it is unlikely that patents are in place. Certainly not for all items associated with MLB or NFL. This sounds like a trademark question so you may want to repost your question there.

Most teams have trademarks on their logos and control who gets to use those logos when making products. To the extent that you are selling unauthorized goods that use their logos without their permission, you may have problem. You would have the same sort of problem selling products that made unauthorized use of Disney characters.

Best bet is to check with a trademark attorney.

I hope this helps.

Kevin E Flynn

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