Can you use an athlete’s last name in a design for a t-shirt and legally sell it without his permission?
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Can you use an athlete’s last name in a design for a t-shirt and legally sell it without his permission?
I have some shirt designs that I am putting together, and some use the last names of famous athletes; not full names; just last names. I’d like to be able to sell these designs on-line, and in retail stores. I also have digital sketches of athletes that I would like to put on shirts as well. Is it legal to sell these shirts? Do I need some sort of disclaimer on the shirts?
Asked on July 22, 2010 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, it's not legal, on several grounds:
1) People, whether famous athletes or not, have a right to control the use of their own likenesses or images. You can't use or profit by another's image without their consent.
2) If they're famous, they may also have trademarked some aspect of their image, name, etc. If so, you'd be violating trademark to do this.
3) If they have contracts with sponsors, etc. and you use their names and images without permission, those other companies may have grounds to sue you for interference with their rights.
Athletes often get rich because they control their image and others have to pay for the rights to use it. There is no using their images, names, etc. without their permission.
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