Question I would like to buy sports decals from a licensed vendor, apply them to wooden pieces I make and sell them to the public. I will not be altering the decal in any way - just sticking it on wood. Am I legally able to do this? I researched the "first sale doctrine" and it seems to as though I am. Your opinion?
Answer Hi Kim,
This is a tricky question. And I preface my answer to your question by stating that I am not an attorney.
Sports decals and items are very lucrative for the sports owners and the reason they license their brand is so they can receive revenue for the sale of products as well as oversee the quality of the items being sold. Personally I have not held a license agreement within the sporting arena, but one of my clients did so with collegiate items. There was a submission process for her items and once approved she was able to sell to stores or directly to customers. My company negotiated a license agreement with Disney for one of their characters and once approved we had an arduous approval process to follow and we had to agree to a certain percentage of sales going to Disney as well as many other quality control issues - down to the exact colors and designs used on each item.
If I were you I would approach your licensed vendor from whom you are purchasing the decals and find out who you need to contact to be approved as a vendor. Or contact the sports association or individual teams yourself to see what is involved in the process.
Now again, I am not an attorney, but I believe you run the risk of the sports associations or teams coming after you with "cease and desist" letters and all your profits or more.
I would be very careful before you begin selling to the public.
