Legal Question in Intellectual Property in Pennsylvania

Legality

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


Asked on 9/12/08, 11:24 am

1 Answer from Attorneys

Sharmil McKee McKee Law Office

Re: Legality

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 a 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.

Good luck.

Sharmil McKee

Business Attorney

McKee Law Office

Philadelphia, PA

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Answered on 9/19/08, 9:54 pm


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