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Greg1985

Recreational Baseball Team logo

5 posts in this topic

I run a mens baseball team in Colorado and am curious as to some things I have heard from other teams having issues regarding the logo of the team. The team is apart of a large adult baseball organization with dozens of teams. Some are sponsored, some are self funded, the league is highly competetive but technically is still recreational. 

 

I own the copyright to the logo of the team I started and paid for to have designed for me. Does this mean that anyone wearing the logo (players, coaches, families, etc) must have my permission to wear and use it? Assuming that giving gear and uniforms out expresses that permission, what can be done with those who do not have my permission to wear/use it? If a player needs to be removed from the team, can that permission be revoked? What do I do if someone without permission wears or refuses to return anything with our logo on it?

 

I understand this may seem extremely trivial and juvenille, but I want to get information to get ahead of issues that other teams have had in the past to make sure that the game is the only thing that gets focused on. 

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If you hold the copyright in the logo, then others would generally need your permission to use it. As you run the team and presumably approve the uniforms they wear, it would be pretty clear that you give them authorization to wear the uniforms for the baseball activity at least. Whether permission might be implied for other uses of the logo will depend on all the facts involved. I suggest that you make it clear at the start of each season what uses of the logo are permitted by team members and that the uniforms, etc., must be turned in to the team should they leave the team for any reason. If you make things clear from the outset you will have less problems with it later on. You don't have to make a big production out of that. Keep it simple but give them the information that they need. You may want to consult an IP attorney in Colorado for advice on helpful things you can do to ensure your copyright rights are protected. Note that there is also an issue of the logo becoming a trademark for the team. If you would not be the person holding that trademark, that complicates matters because then many uses (including use by you) may also need consent from the trademark holder. 

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11 hours ago, Greg1985 said:

The team is apart of a large adult baseball organization with dozens of teams.

 

I assume you meant "a part," not "apart."  In this context, the two have very different meanings.

 

 

11 hours ago, Greg1985 said:

I own the copyright to the logo of the team I started and paid for to have designed for me.

 

Hmmm...if someone else designed it, how is it that you think you own the copyright?

 

 

11 hours ago, Greg1985 said:

Does this mean that anyone wearing the logo (players, coaches, families, etc) must have my permission to wear and use it?

 

Well...that depends.  If, for example, the copyright owner authorizes the production and sale of t-shirts bearing the logo, not everyone who buys one needs permission from the copyright owner.  Beyond that, it is correct that any unauthorized use of the logo may be an infringement of copyright.

 

 

11 hours ago, Greg1985 said:

Assuming that giving gear and uniforms out expresses that permission, what can be done with those who do not have my permission to wear/use it?

 

Giving out gear and uniforms bearing the logo implies permission.  As for as your question, you'd need to give a hypothetical.

 

 

11 hours ago, Greg1985 said:

If a player needs to be removed from the team, can that permission be revoked?

 

Sure.

 

 

11 hours ago, Greg1985 said:

What do I do if someone without permission wears or refuses to return anything with our logo on it?

 

There'd be no obligation to return gear bearing the logo unless that was made a condition of giving it out in the first place.  That said, the remedy for copyright infringement is a lawsuit, which may only be filed in federal district court.

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6 hours ago, pg1067 said:

if someone else designed it, how is it that you think you own the copyright?

 

Could have been a "work for hire" with the person commissioning the work retaining the copyright by contract.

 

OP hasn't said what the deal was with the designer.

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13 minutes ago, adjusterjack said:
6 hours ago, pg1067 said:

if someone else designed it, how is it that you think you own the copyright?

 

Could have been a "work for hire" with the person commissioning the work retaining the copyright by contract.


OP hasn't said what the deal was with the designer.

 

Yes...I'm aware of that.  That's why I asked the question (which I asked in a non-leading manner for a reason, but so much for that...).

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