Sport naming rights/copy right

[Rhys]

Hello,

I was hoping for some advise.

We are looking at launching a kids apparel brand around the world cup.

The product will be jumpers.

We have created our own unique England badge and our USP will be that parents can personalise there childs name to the back like a footy jersey.

Is what we are proposing to do legal?

What if someone wants to add a current England players name to it? Is this ok?

Can we show images of the jumpers on our site with a current England football player?

Thanks you in advance
Rhys

[AndyJ]

Hi Rhys,

There is unlikely to be any copyright issues with what you propose. However you may need to consider trade mark law, and in particular the law which applies to passing off.

You don't mention if the jumpers will be similar in colour or design to shirts of any particular world cup team, but since you talk about the England badge, I'm assuming your products will be based on the current England strip, either the white one or the away shirt. If so, you should not feature any of the detailing such as the blue stripe down the side seams and around around the neck, as the design of the shirt will have been registered. Secondly, the England three lions badge is a registered trade mark (see here for just one example). And so you must ensure that your design of badge does not mimic the registered mark in a way which might confuse a buyer into thinking that it is the real England badge.

There's no problem with putting the child's name on the jumper, but I would avoid using the names of any England players. Many of them will have registered their names as trade marks and so they should be avoided. Assuming that your products aren't designed in a way that could lead to a trade mark or passing off claim, you can advertise and market them in any way tou want. However it is not a bad idea to add a disclaimer on any advertising that your products are not authorised by the Football Association.

As a final point it is worth mentioning that football clubs and their various governing bodies are among the most robust defenders of their intellectual property, so do not be surprised if you receive correspondence from their lawyers if they are unhappy about your venture. Should you consider that you need more detailed legal advice before going ahead, I suggest you speak with a trade mark attorney. You can find one through the Chartered Institute of Trade Mark Attorneys.

[Rhys]

Thank you this is really helpful.

Our badge is based around the st george’s flag. So i assume will be all good?

Our jumpers are plain jumpers in a verity of colours. (White, red, black, pink and blue. No patterns just plain.

We are using a font for the childs naming that we purchased the licensing online that may look similar to the England one. Is this an issue?

Thanks
Rhys

[AndyJ]

Hi again Rhys,

That all sounds good.