Topeka, KS asked in Intellectual Property, Trademark and Business Law for Kansas

Q: Can I sell shirts with a trademarked celebrity name?

I want to sell shirts with a celebrity's name printed on them without any design or image of the celebrity. However, the celebrity's name is trademarked and associated with other brands. What permissions or licenses might I need to proceed legally?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Selling shirts printed with a trademarked celebrity name, even without an image or additional design, can present significant legal issues. Trademark law protects names when they're closely linked to branding, merchandise, or a person's identity. By using a celebrity’s trademarked name commercially, you risk violating their exclusive rights to profit from and control the use of their identity.

To proceed legally, you would typically need explicit permission or a licensing agreement from the trademark holder—often the celebrity themselves or their representatives. Obtaining this permission usually involves negotiating terms, which may include royalties, specific usage guidelines, and limits on distribution.

Without securing proper authorization, you expose yourself to potential lawsuits for trademark infringement or misappropriation of publicity rights. It would be wise to consult with an attorney experienced in intellectual property to help negotiate any necessary permissions or explore alternative solutions. Taking these steps beforehand protects your business and respects the rights of the celebrity involved.

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