Oviedo, FL asked in Copyright and Intellectual Property for Florida

Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?

2 Lawyer Answers
James L. Arrasmith
PREMIUM
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Answered

A: Yes, you can sell used soccer jerseys for England and Spanish teams as long as they are authentic and not counterfeit. The key is ensuring that the jerseys are genuine and that you are transparent about their condition and authenticity.

If you purchased these jerseys legally and they are not fake, there are generally no restrictions on reselling them. However, it's important to avoid using any team logos or trademarks in your marketing materials in a way that might suggest you are officially affiliated with the teams or endorsed by them.

Always be honest with your buyers about the jerseys' condition and authenticity. This transparency helps build trust and avoids potential legal issues related to misrepresentation.

Bao Tran
PREMIUM
Answered

A: Based on the search results and general legal principles regarding the resale of sports jerseys, here are the key points to consider:

Authenticity: It is legal to resell authentic, used soccer jerseys for England and Spanish teams, as long as they are genuine products that were originally purchased legitimately.

Counterfeit concerns: Selling counterfeit jerseys is illegal and could lead to legal issues. Ensure that the jerseys you're selling are authentic .

Trademark considerations: While you can resell authentic jerseys, you should be cautious about how you market them. Using team names, logos, or player names in your marketing could potentially raise trademark issues if not done carefully .

Licensing: You don't need a special license to resell used, authentic jerseys. However, if you were producing or selling new jerseys with team branding, you would need licensing agreements with the clubs .

Modifications: If you've modified the jerseys in any way, be cautious about how you present them. Significant modifications could potentially raise legal issues if they appear to create new, unlicensed products .

Clear descriptions: When selling, be clear about the condition of the jerseys and that they are used items. This helps avoid any misunderstandings with buyers.

In summary, selling used, authentic soccer jerseys for England and Spanish teams is generally legal, as long as the jerseys are genuine and you're not misrepresenting them. However, be cautious about how you market them to avoid potential trademark issues. If you have any specific concerns, it may be worth consulting with a local attorney familiar with sports merchandise laws.

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