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High School Logos: Can I use it to sell my clothing?

Posted on September 19, 2008 by Sharmil McKee

I received the following question by email:

What is legality of selling high school apparel, does consent need to be obtained, or royalties need to be paid?

This is my answer:

Your question is tough to answer because I need more information.  You are asking about copyrights and trademarks.  A high school logo or mascot is a copyright and a trademark, and the high school owns the trademark and the copyright.  The law prevents you from copying the school’s trademark and copyright without the school’s permission.

If the school is public high school, then you probably do not need permission to use the school’s trademark or copyright.  However, if the school is a private school, then YES you will need the school’s permission to use the trademark or copyright to sell your apparel. 

Have no worries.  You may be surprised; the school may give you permission to use their copyright and trademark to sell your clothing without requiring you to pay any additional money (a royalty is money you pay for the right to use someone’s copyright or trademark).

 

 

If you need more information about copyright and trademarks, please visit the U.S. Trademark and Patents Office at www.uspto.gov.  The government posts a lot of free information about this subject. 

Sharmil McKee
Business Lawyer
blog@mckeeoffice.com
 
McKee Law Office
245 W. Allens Lane
Philadelphia, Pa 19119
215-242-5260 (office)
1-877-273-0749 (toll-free)
Skype Us! (mckee.law.offices)
http://www.mckeeoffice.com

This entry was posted in Asked and Answered, Intellectual Property and tagged copyright, logo by Sharmil McKee. Bookmark the permalink.

About Sharmil McKee

I am a licensed business attorney and owner of McKee Law Office. The firm focuses on providing small and mid-sized companies with strategic legal advice. I help businesses prevent and resolve contract disputes, debt collections, employee disputes and tax problems. I have helped over 100 businesses and have tried over 200 cases. In addition, I am the only business attorney in Philadelphia with over 10 years of experience owning and operating a business.
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