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Found 2 results

  1. Has there ever been a group effort to discourage high schools and amateur sports teams from using copyrighted and trademarked logos instead of opting for an original design or a general design that is purposefully in the public domain? I don't mean from a shaming perspective but rather an educational perspective; informing schools about the benefits of using an original design rather than one in use by someone else. I believe that many high schools aren't using NFL logos for example having discussed with administrators in the past on the issue; some of whom thought their logo was original when in fact it was a straight copy-and-paste. Just curious if this has ever been attempted in the past and, if not, if anyone might be interested in something like this.
  2. I've been attempting for a proper answer to this in the forum and have only a few mentions here and there. I'm wanting to know the legal issues regarding the use of trademark logos that have since been either CANCELLED or DEAD according to the USPTO when it comes to selling merchandise that bear the logo. I understand that there are more than a few websites out there, such as throwbackmax.com, that have an inventory of shirts using logos from the USFL/WFL all the way to the smaller minor league teams that have since folded. Clearly someone commissioned and designed these logos in the first place and I understand your trademarks are protected under common law so I'm wondering why at least those who designed, for example the Pittsburgh Maulers logo, aren't sending a cease and desist letter to ThrowbackMax. Is it just a matter of they do not care or do they not have the proper legal backing in order to enforce a cease and desist letter? If the original trademark owner does not show continued use of the logo (one of the stipulations of common law) then does that mean the trademark has fallen into a weird grey area of public domain until someone reactivates the trademark with the USPTO. Throwback Max obviously doesn't own most if not all of these logo trademarks so does that mean he has zero legal grounds to prevent another t-shirt maker from using the same DEAD/CANCELLED trademark on an identical shirt. Also, if for example someone does reactive the Pittsburgh Maulers trademark well after ThrowbackMax (not trying to pick on them, just using them as an example of a merchandise maker who uses dead/cancelled logo trademarks) has begun to sell shirts with the Pittsburgh Maulers logo on it then does ThrowbackMax have any grounds to continue making the shirt or must they cease and desist that particular shirt. I know Classic Ink Inc a few years ago was found to have own an assortment of random defunct logos for teams like the Puerto Rico Coquis and Memphis Southmen of which ThrowbackMax still has shirts bearing these logos yet they enforced their trademarks successfully in court for the Chicago Sting and Tampa Bay Rowdies trademarks before the NASL bought them back. Any advice would be much appreciated.