Q: Can I sell T-shirts with "New York Baseball" or "NY Baseball Club"?
I would like to know if I can legally use the phrases "New York Baseball" or "NY Baseball Club" on T-shirts that I plan to sell. I am not using the same font as existing teams, and all elements of the design are my own. I also do not have permission from any entity, and I am not aware of any trademarks associated with these terms. Can you advise on any potential legal issues I might face?
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A:
Using phrases like "New York Baseball" or "NY Baseball Club" on t-shirts carries some legal risks, even with your own design elements. These terms might not be directly trademarked, but they could create confusion with established teams like the Yankees or Mets, who vigorously protect their intellectual property.
The key issue is whether consumers might reasonably believe your shirts are officially licensed merchandise. Major League Baseball and its teams have broad trademark protections that extend beyond their exact names and logos to include phrases that suggest affiliation. Even without registered trademarks for these specific phrases, you could face claims under common law trademark rights or unfair competition laws.
To reduce your risk, you might consider adding clear disclaimers stating your products are not affiliated with any professional team. Another option is to modify your phrasing to something more distinctive that creates less potential for confusion, such as incorporating your own brand name. Before moving forward, consulting with a trademark attorney who can evaluate your specific designs would be the wisest course of action.
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