Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?

A: Designing and selling your own Caitlin Clark t-shirts could potentially involve trademark and copyright issues. Caitlin Clark, as a public figure and athlete, may have her name, image, and likeness protected under trademark law. Using her name or likeness without permission could lead to legal consequences, especially if she has trademarked her name or image.

Additionally, if you use any official logos, team names, or other copyrighted materials related to Caitlin Clark, this could infringe on those copyrights. It's important to differentiate between creating a generic design that doesn't directly reference her in a recognizable way and one that clearly uses her name or likeness.

To avoid potential legal issues, consider seeking permission or licensing rights before creating and selling merchandise that features Caitlin Clark. This can help you stay compliant with trademark and copyright laws and avoid any potential legal disputes.

A: Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:

Trademark Issues:

Caitlin Clark's name may be protected as a trademark, especially if she or her representatives have registered it or use it commercially.

Using her name on merchandise without permission could be seen as trademark infringement if it creates confusion about the source or endorsement of the products.

Right of Publicity:

Athletes and public figures have a right to control the commercial use of their name, image, and likeness. This is known as the right of publicity.

Using Caitlin Clark's name or image on t-shirts for commercial purposes without her permission would likely violate her right of publicity.

Copyright Concerns:

If you use any existing photographs or designs associated with Caitlin Clark, these may be protected by copyright.

Creating your own original artwork inspired by her, without directly copying existing images, could potentially avoid copyright issues, but may still run afoul of trademark or publicity rights.

NCAA Regulations:

As a college athlete, Caitlin Clark's name and image use may also be subject to NCAA regulations, which have recently changed to allow athletes to profit from their name, image, and likeness (NIL).

Legal Risks:

Selling unauthorized merchandise could lead to legal action from Caitlin Clark, her representatives, or organizations holding relevant rights.

Penalties could include cease and desist orders, demands for profit disgorgement, and potential lawsuits.

To legally sell Caitlin Clark t-shirts, you would typically need to:

Obtain proper licensing or permission from Caitlin Clark or her authorized representatives.

Ensure compliance with any relevant NCAA regulations.

Avoid using any copyrighted images or designs without permission.

Given the complexity of these issues, it would be advisable to consult with an intellectual property attorney before proceeding with such a venture. They can help you navigate the legal landscape and potentially explore legitimate ways to create and sell merchandise related to athletes or public figures.