Is it legal to sell UNBRANDED replica of sports jerseys?

jumbo11

Hello everyone,

My question is simple and straight: am I allowed to sell jerseys that copy the design of the original ones, minus anything related to the original brand (like the logo, brand name, tags, or any other trademark)?

Such a jersey will be unbranded and sold as such. It will only have the team's logo, but nothing else related to the brand manufacturer.

Probably my question could be re-phrased as: is the underlying jersey design trademarked/registered/patented by the brand company?

An enlightened legal advice is highly appreciated.
Thank you

RFW

jumbo11 wrote: »

It will only have the team's logo, but nothing else related to the brand manufacturer.

If it has the team's logo then it is branded, even if it doesn't have the manufacturer's name on it.

I can sell a watch that is the same design as a Rolex watch, as long as it doesn't have "Rolex" on it. Rolex could take action against me for copying their design, but it isn't illegal to sell it. The illegal part only come when attempting to pass one thing off as another.

If you're talking about Ebay, though, it doesn't always matter whether it is legal or not, they can and do stop people selling things if the rights' owner ask them to.

theoretica

The team logo is almost certainly in copyright and probably a trademark so somewhere along the production line permission should be sought and royalties paid.

eddddy

As others have said, the logo will probably be a trademark.

Here's an extract from an example Trading Standards department:

Is it okay as long as the product is marked that it’s a fake?
No, even if a trader sells a product as a fake, he is still likely to be committing a criminal offence. For example, if a fake Nike trainer uses the name, logos, designs and other protected property of the Nike company, it is illegal whether or not it’s sold as counterfeit.

Similarly, if a product slightly misspells a brand name but is still obviously trying to mimic a well-known logo, it is still likely to be illegal. If you’re unsure whether something is real or not, don’t buy it and contact the Citizens Advice Consumer Service or Crimestoppers. You can also contact them if you buy something you later discover is fake.

Link: https://www.devonsomersettradingstandards.gov.uk/consumers/understanding-your-rights/counterfeit-goods-ip-theft/

jumbo11

Thank you everyone for your replies.

I know the team logo is a trademark owned by the team. However it is not owned by the manufacturer himself (whether it is Nike, Puma, etc..)

My main concern is about the manufacturer's copyrights. Is the team's jersey design (all logos put aside) a right owned by the brand manufacturer?

soolin

jumbo11 wrote: »

Thank you everyone for your replies.

I know the team logo is a trademark owned by the team. However it is not owned by the manufacturer himself (whether it is Nike, Puma, etc..)

My main concern is about the manufacturer's copyrights. Is the team's jersey design (all logos put aside) a right owned by the brand manufacturer?

Firstly, please be aware this is a user forum- you cannot get legal advice here- for proper defend-able advice you would need to speak to a lawyer.

My opinion is that I suspect they might argue that they own the lot and that a look alike, not using their name, would be a breach. I also suggest that where you intend selling would make a difference, for example I would think you have little or no chance of being able to get away with any look alike on ebay or Amazon, but perhaps other venues would be OK.

Unbranded football tops are cheap enough in places like Sports Direct, my sons 5 a side just kitted themselves out with a plain football top for £4 each and they look very professional. Which leads me to suppose that any 'value' an unbranded top might have is in the ability to mimic a branded one- and that's where I think I would take legal advice before risking any money.

RFW

jumbo11 wrote: »

Thank you everyone for your replies.

I know the team logo is a trademark owned by the team. However it is not owned by the manufacturer himself (whether it is Nike, Puma, etc..)

My main concern is about the manufacturer's copyrights. Is the team's jersey design (all logos put aside) a right owned by the brand manufacturer?

It depends. If it's a unique design then yes, if it has no distinguishing features or special fabric then no.
I'm not sure what you are asking or why but if you are planning on selling something and unsure of if you would be allowed then call Trading Standards and ask if they'll check a sample out for you.

All the football clubs guardedly protect their own brands/logos/characters, in some cases they are more protective than the sportswear companies.