T-Shirt color schemes and trademark infringement
For all of you that sell t-shirts, there is a new case [
December 15, 2008
] that may be of interest. Basically, a company called Smack Apparel was selling t-shirts that included school colors for a number of Universities with successful football programs. Smack Apparel got spanked, even though everybody agreed that the color schemes on the t-shirts were not registered trademarks. What each shirt had was a color scheme and indicia that somehow made reference to the University or the team accomplishments. For example, the shirt said something about a victory in the Sugar Bowl, national championship, etc….
Each shirt gave the possible impression there was some sort of affiliation or sponsorship between Smack Apparel and the University – even if the official University logo was not used.
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