Legal Question in Intellectual Property in New York
trademark protection
Hi I have an idea for a t-shirt graphic that involves universities. I was informed that I must pay attention to how I use a school's name. What are the rules for using a schools name? Sometimes I see different versions of the schools offical logo on clothing, is this a legal loop-pole allowing makers to avoid paying royalties to the schools? What is the standard royality a university would demand for use of their logo?
I'd really appreciate your advise.
1 Answer from Attorneys
Re: trademark protection
The rules for using a school's name are:
1. You may use the school's name to refer in a truthful and non-commercial way to the school (It's not illegal to say "I am going to Harvard" if you are.)
2. You need the school's permission to use the schools name in a commercial way (for example, to sell sweatshirts labeled Harvard.)
It sounds like you propose #2.
A typical royalty would be about 25% of net profit or about 5% of gross, but royalties vary drastically.
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