Discussion:
What is the name of your state? Missouri
I am hoping to find out if this is infringing on a trademark. I am interested in selling flower arrangements and Christmas ornaments for profit at craft shows. The flower arrangements will contain artificial flowers with the local university's colors and will also contain some other random items with the local university's logo. The random items include things such as a small replica of the school mascot and some stickers (placed on the pot that will be holding the flower arrangement) and will be purchased at the university book store (it says they are officially licensed on the packaging). In a nutshell, am I allowed to sell this flower arrangement for profit or will I be infringing on the trademark some how?
I am also interested in selling some handpainted Christmas ornaments. The ornaments will contain a small representation of the school's mascot and dressed in a Santa outfit. Am I infringing on the universities trademark some how?
Lastly, I would like like to call my craftshow booth something like "Tiger Christmas Time" with "Tiger" being the school mascot name. Is this infringing on any trademarks?
I have tried contacting the school, but I have not heard anything. Any help will be appreciated.
Thanks-
Answer:
The flower arrangements will contain artificial flowers with the local university's colors and will also contain some other random items with the local university's logo. The random items include things such as a small replica of the school mascot and some stickers (placed on the pot that will be holding the flower arrangement) and will be purchased at the university book store (it says they are officially licensed on the packaging). In a nutshell, am I allowed to sell this flower arrangement for profit or will I be infringing on the trademark some how? This is probably okay. The colors of the flowers, even if carefully chosen, are unlikely to give rise to any sort of trade dress or trademark infringement, and the "frist sale" doctrine will likely protect you from infringement on the marked products.
I am also interested in selling some handpainted Christmas ornaments. The ornaments will contain a small representation of the school's mascot and dressed in a Santa outfit. Am I infringing on the universities trademark some how? If the school's mascot is trademarked, then this will almost certainly give rise to trademark infringement.
Lastly, I would like like to call my craftshow booth something like "Tiger Christmas Time" with "Tiger" being the school mascot name. Is this infringing on any trademarks? Again, assuming the mascot is trademarked, this would certainly constitute trademark infringement.
I have tried contacting the school, but I have not heard anything. Any help will be appreciated. You need to try harder if you want to avoid any problems with infringement. The school almost certainly will have some sort of legal department or an ombudsman or someone that can at least point you in the right direction. Try calling to find the right department, or actually go to the school and poke around until you find the right person to talk to. But you are going to have to get permission somehow, or potentially face problems down the road.