by Anonymous on February 25th, 2009

Anonymous

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Would it be legal to change the color of a trademarked image and put it on a sports jersey?

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  • by Anonymous on June 22nd, 2009

    Anonymous

    Yes, but more facts are needed to assess your plan. In fact, you DO NOT even need to change the color to use a trademarked image. A trademark does not give a person a monopoly on the mark. Rather, a trademark merely allows the owner to protect their goodwill by preventing others from using the mark in a way that would “dilute” or “create a likelihood of confusion” as to the origin of the product.

    However, a copyright does give a monopoly. Thus, if you are using a copyrighted image, you WOULD be infringing the copyright by using the image, even if you change it. Unless, of course, the purpose of using the mark is part of a free speech activity.

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