Information Needed

[Steve Mawson]

I have purchased ball markers with the University of Nebraska logo on them. I bought them retail and they are licensed by the NCAA and the university. I plan to use them on the top of bottle stoppers that I am going to make. If I were to sell any of them am I going to get in trouble with the university or the NCAA. I don't care to spend anything else to further sanction these stoppers. I have been told the costs are pretty high and I would never make the fees back from selling a few stoppers. Just wondering if anyone has checked on these fees before or if I am ok selling something that I have made like this. Hope I explained this and have not rambled.

Thanks for the help,

[Brian Brown]

I am not a lawyer, but I did stay at a Holiday Inn Express last night. Did I mention that I am not a lawyer. Because I am not a lawyer, this advice is worth exactly what you paid for it. So from the non lawyer who didn't go to law school, if they wanted to make a case, whether they have a legal basis or not (I think they do), they could put you through the ringer for using their name, brand, identity or whatever they call it to further your business. Even if you were to win, you would lose (don't know for sure, but I bet they have deeper pockets than you). Welcome to the American legal system; not perfect, but the best we have. So the question is, is it worth it? Not sure if I mentioned it, but I am not a lawyer.

[Bill Arnold]

I'm not an attorney NOR did I stay at a Holiday Inn last night. But, it seems that you answered your question already.

"... I don't care to spend anything else to further sanction these stoppers. I have been told the costs are pretty high and I would never make the fees back from selling a few stoppers. ..."

[John Nowack]

you must have approval from the board (or who ever the governing group is at the university)---I deal with a handful of customers that have the proper endorsements and approval to use the various college team logos---very in depth process and they handle it like a bid about every 2 years--you have to pay for the rights to do it legally---I do not know anyone that is approved who doesn't sell 10's of thousands of peaces a year

if you are selling at craft show guess it would be like any other copy write issue---(will you get caught or not)--don't think it is legal though

probably not worth the time anyway because i can't imagine you finding many buyers wanting to buy anything with the Nebraska logo;)

[Steve Schlumpf]

Steve - check out their website. It has a PDF of all the logo rules, etc. At first glance - you can not use the logo without permission.

http://nebraska.edu/media-resource-center/identity-standards.html

[Bob Vavricka]

It would be interesting to hear someone with a law background weigh in on this. Since the ball markers have already been licensed by the company that sells them, I'm not sure that re-selling them would mean they have to be licensed again.
My wife bought a purse kit that came with material printed with an NCAA team logo on the material. Assuming the manufacturer of the material licensed the use of the logo, would it be illegal to sell the finished purse?

[Kelly Craig]

I may not be clearly understanding what it is you are considering, but offer my opinion as follows:

If you bought a banner with the school logo, could someone prohibit you from framing it, or placing it in a cabinet and reselling it? Of course not.

If this is an authorized (licensed) product, you have the right to resell it, unless, of course, the original contract specifically prohibits such. I sincerely doubt that it does. Such a contract would, pretty much, destroy their ability to license their logo for the production of things for wholesale, then resale.

Modification of the licensed logo itself would likely be something to avoid. However, merely mounting the item for use other than what the item the logo was applied to was intended for would have to be clearly prohibited.

In law, We The People may do all not proscribed, in contrast with representative government, which may only do that prescribed.

[CW McClellan]

Ask John Keeton he's the man

He's hear on SWC usually sellin a plane
:D

[Bernie Weishapl]

You will need to get permission from UN and the NCAA. They have the license on them therefore you can't use it. I just went thru the same thing with KU and they declined permission.

[ROY DICK]

Ask John Keeton he's the man

He's hear on SWC usually sellin a plane
:D.
Bingo. When I first started turning bottle stoppers. I decided to do some with the state quarters in them. I contacted the U.S. Mint and asked them, if I could do this and they said as long as they were in my rightful possession.
Not a lawyer though, so I would contact them and if they said no. I would request documents showing their side.

Roy

[Jeff Nicol]

I think Kelly has it headed in the right direction. On e-bay there are thousands of preowned items that have some name of a sports team on it some way or another. If you were using the logo created by you and putting it on something and stating that it was certified and approved by the team and the NCAA you would be defrauding the team and NCAA. But since you are using the whole ball marker and it has already been paid for and belongs to you are selling a bottle stopper and the ball marker you put in for free! It would be like buying 100 NIKE t-shirts from a close out store and reselling them at a thrift sale or on e-bay.

I think they are more worried about someone printing 10,000 hats, shirts, mugs, etc. etc. and selling them at lower prices than the authorized items and the school losing profits. I am pretty sure you won't be doing that.

I am not a lawyer either but if you think about all the things that are resold everyday with some logo on it it will answer the question.

They have bigger fish to fry,

Jeff

[Dick Strauss]

I'm not a lawyer but I know how laws/contracts are written from having written many contracts.

I think that once you change the end use product, you'll probably have a problem. Reselling an item in the same form (whether mounted in a flag case or not) can't be prohibited otherwise the item has no real value (this doesn't include cases of classified technology, export restrictions, etc). In the case of the purse kit, the finished purse was the intended end use product. In your case, the end use is already defined if I understand correctly. Usually the licensed manufacturer has to specify what final products they will make with the logos and have NCAA approval prior to production. In other words, once a manufacturer gets a license, the NCAA wouldn't want the manufacturer selling sex toys or some such with a Longhorns ;) logo on it without their permission.

A way you might get around the licensing issue is to make your stoppers such that they will accept the ball markers. Then you simply provide the customer a ball marker as a separate product and explain to them how they can pop it into place. You might need to supply an appropriate amount of adhesive tape or glue but do not do the final assembly with the marker yourself to be fully protected legally speaking.

Take care,
Dick