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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.