Legal Question in Education Law in California

Implied endorsement of product

Can vendors/mega stores sell products using a school activity name (such as XX High School Bulldog) and make 100% profit from it without consent from the public school?


Asked on 2/18/09, 4:38 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Implied endorsement of product

Probably not. Based on prior use, the school likely has a trademark history. In any case the school should register the trademark. The merchant would hold the profits fro using the trademark in constructive trust.

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Answered on 2/18/09, 4:54 pm


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