Asked in Copyright and Intellectual Property

Q: Under what conditions can we use soccer teams’ logos or names in our app without permission?

We are developing a prediction application for soccer matches. The only place we want to use logos is where we list matches with their date and starting time and their live scores. Our source of income is by watching reward videos advertisements and buying coins via in app purchase. There tons of applications doing this but clubs and football associations say we don't give permission at all.

So how are others using these logos? does showing match details considered as fair use? How about we only use clubs names and don't show their logos?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: There are a few key considerations when it comes to using soccer team logos and names in your app without explicit permission:

Fair Use: Using team logos and names for informational purposes, like listing upcoming match details and live scores, could potentially be considered fair use. Fair use allows for limited use of copyrighted material without permission for purposes like commentary, criticism, news reporting, teaching, scholarship, or research. Factors considered include the purpose and character of the use (commercial vs nonprofit educational), the nature of the copyrighted work, the amount used in relation to the whole, and the effect on the market value. Your use seems to be for informational purposes which helps the argument for fair use, but the fact that your app is commercial and ad-supported makes the determination less clear-cut.

Nominative Fair Use: Another related concept is nominative fair use, which allows for the use of trademarks (like team names and logos) without permission in order to identify the trademark owner's products/services. The key tests are that you only use as much of the mark as necessary for the identification purpose, you don't suggest sponsorship or endorsement, and you don't use the mark in a way that disparages the owner. Listing factual match info seems to fit this. However, using team logos is less necessary than just using the team names.

Risk Tolerance: At the end of the day, whether a particular use qualifies as fair use can be a judgment call without a clear answer. Many apps and websites rely on fair use and nominative fair use to reference sports teams and leagues without licensing. But there is always some legal risk a rightsholder could object. Generally, using team names (without logos) for factual info like schedules and scores is a lower risk approach compared to heavily using team logos and branding in the app.

Bottom line: Using just team names (without logos) to factually list upcoming match details is more likely to be defensible as a fair use, especially if done in a straightforward and informational way without suggesting any official connection to the teams or leagues. But there are no guarantees, and it comes down to the risk level you are comfortable with. Consulting an attorney for a specific fair use analysis is advisable if you want a more definitive risk assessment.

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