Key Takeaways:

  • The NFL aggressively protects its trademarks, including team names, logos, and other intellectual property.
  • Licensing requirements for NFL trademarks include extensive experience, financial commitments, and strict quality control measures.
  • Unauthorized use of NFL trademarks can result in lawsuits, fines, and forced removal of products.
  • The NFL monitors and enforces trademarks online and at physical retail locations to prevent counterfeit and unauthorized sales.
  • Trademark laws protect the league’s intellectual property, including team colors, designs, and even fan-related phrases.
  • Alternatives exist for selling football-related merchandise legally without violating NFL trademarks, such as using generic football imagery and terms.
  • The NFL also owns trademarks related to special events, such as the Super Bowl, which restricts businesses from using them in promotions.
  • The licensing process is selective and primarily favors large manufacturers, leaving small businesses with limited legal options.

NFL trademarks are trademarks used by the National Football League to identify their products. Trademarks are an important tool for identifying the source of a good or service. Primarily, a trademark is used to prevent customer confusion.

Trademark laws in the United States are used to prevent trademarks from being used without the permission of the trademark owner. Unauthorized trademark use includes dilution, imitation, intentional confusion, or reproduction.

What Is Trademarked to the NFL?

The NFL, and the teams that make up the league, hold exclusive rights to a variety of items, including logos, the names of companies, designs, and packaging used for products. This is true whether the trademark symbol is used or not.

Some of the trademarks owned by the NFL include:

  • The words “Pro Bowl” and “Super Bowl.”
  • The logos used for the Pro Bowl and Super Bowl.
  • Names and nicknames of teams.
  • The design of helmets and uniforms.
  • Colors, emblems, and symbols.

Unlike other industries, the NFL does not offer licensing to small businesses or hobbyists. The trademark of every team in the league belongs to the NFL.

How the NFL Enforces Its Trademarks

The NFL has a dedicated legal team that actively monitors trademark infringements. The league enforces its trademarks through cease-and-desist letters, lawsuits, and cooperation with law enforcement agencies. The NFL frequently takes action against unauthorized merchandise sellers on platforms like Etsy, Amazon, and eBay. In major cases, they also work with federal authorities to seize counterfeit goods at events such as the Super Bowl.

Beyond product infringement, the NFL also protects against unauthorized use in marketing, meaning businesses cannot use "Super Bowl" or team names in promotions without permission. Many advertisers use phrases like “The Big Game” to avoid legal repercussions.

Criteria That Must Be Met Before a License Is Issued

Before a license will be issued, several criteria must be met, including:

  • Proof of business experience totaling three years.
  • Proof that you are the manufacturer of the product.
  • A prepaid royalty guarantee of $100,000.
  • A commercial insurance policy of $6 million and liability coverage totaling $12 million.
  • An application with annual reports, credit references, and product catalogs attached.
  • Demonstration that your product is of high quality.

Challenges of Obtaining an NFL License

The NFL has one of the strictest trademark licensing processes in professional sports. Only a select few companies are approved, which limits competition and ensures that only large, well-established manufacturers can legally sell NFL-branded merchandise.

Some of the major barriers include:

  • A high financial threshold, including a prepaid royalty guarantee of at least $100,000.
  • Rigorous quality control standards that require all products to be manufactured at a professional level.
  • Exclusivity agreements, which may prevent licensees from working with other sports leagues.

Because of these challenges, many small businesses are unable to obtain an NFL license, forcing them to either create generic football-related products or risk legal action.

NFL's New Product Division

It is a good idea to contact the NFL's New Product Division before submitting an application if you have created an original product that does not currently possess NFL branding. You can reach the New Products Division by email.

NFL Trademarks on Digital and Virtual Products

The NFL’s trademarks extend beyond physical products. Digital assets, including video games, NFTs (non-fungible tokens), and metaverse content, are also protected under trademark law. Any unauthorized use of NFL team names, logos, or related branding in digital spaces can result in legal consequences.

In recent years, the NFL has partnered with gaming and virtual reality companies to create officially licensed content. Unauthorized creators on platforms like Roblox, YouTube, or virtual reality environments have faced takedown requests for using NFL intellectual property without permission.

Ideas and Guidelines for Creating Football Related Products for Sale

When you are creating a football related product, you should be sure that you use generic designs and phrasing. For instance, you could use a football player's outline, an image of a goal post, or the word “football.”

You should never use the name of a specific team, or the letters NFL, in your design or the description of your products. General phrases related to football can be used without worry. You are also allowed to use football designs or monograms in the shape of a football.

The number of a player can be used, but you can't use the player's name. The NFL cannot stop you from using a number but can take action if you mention a specific player.

If you want to make your design attractive, you could use patterns or material such as printed vinyl.

Alternative Ways to Sell Football-Themed Merchandise

If you want to sell football-related items without violating NFL trademarks, here are some safe design ideas:

  • Use generic football symbols like a football itself, goalposts, or generic player silhouettes.
  • Incorporate phrases and slogans unrelated to the NFL, such as “Game Day Ready” or “Football Fanatic.”
  • Utilize custom team colors and design styles, but avoid directly copying those of NFL teams.
  • Create football-themed apparel featuring player numbers without referencing names or specific teams.
  • Focus on local school or community football leagues where licensing rules are less restrictive.

By following these strategies, businesses can legally sell football-themed merchandise while steering clear of trademark violations.

What If You Don't Get Licensed?

If you want to sell items related to the NFL but don't want to make your way through the licensing process, you should understand that the NFL will likely shut down your store if they find you are using their trademarks without approval.

In addition to having your shop closed, you may be forced to pay the NFL any profits you have earned, surrender your products, and potentially deal with a trademark infringement lawsuit. Large corporations such as the NFL have almost unlimited resources, which gives them a huge advantage in legal battles with small sellers.

The NFL maintains an active presence on online merchant sites such as Etsy and frequently has listings removed that violate their trademarks.

Can You Sell NFL Items Made With Your Silhouette Cameo?

Unfortunately, you cannot use your silhouette cameo to make NFL branded items unless you have been granted a license from the NFL.

While you can design clothing or other items however you wish, you cannot use a registered trademark without the permission of the trademark holder. If you infringe on someone's trademark, you may be prosecuted by the district attorney and forced to pay damages if found guilty.

What Happens When You Sell Fake NFL Items?

The league constantly monitors advertising and will go after compensation if they think their trademarks were infringed. They even go as far as to hire investigators to attend swap meets, visit malls, and search online for merchants that sell merchandise that's fake. Americans have their jobs taken away from those who sell fake products, although most of the real merchandise comes from China. If the goods go across state lines or are imported, it's considered a federal crime.

This shows that it's not smart to create or sell goods that are fake, as you'll likely be caught. It's considered a violation of the trademarks of the league if customers may confuse your items with the official items the league sells. It's not allowed to have tickets to an NFL game be a promotional prize unless you got authorization from the NFL or had an arrangement who is an official sponsor with permission from the league.

Legal Penalties for Counterfeit NFL Merchandise

Selling counterfeit NFL merchandise is a serious offense with significant legal repercussions. Under federal law, individuals caught producing or distributing counterfeit NFL goods may face:

  • Fines up to $2 million for large-scale counterfeit operations.
  • Up to 10 years in prison for intentional trademark infringement.
  • Seizure of goods and business assets if found guilty in civil or criminal court.

In recent years, the NFL has worked with federal agencies, such as Homeland Security and the FBI, to shut down counterfeit operations. These agencies conduct raids at major events like the Super Bowl, where unauthorized sellers often attempt to distribute counterfeit merchandise.

If a small seller unknowingly violates NFL trademarks, they may still face:

  • A lawsuit requiring payment of damages.
  • An order to surrender all infringing products.
  • A permanent ban from selling on e-commerce platforms.

The best way to avoid legal action is to ensure that any football-related merchandise does not infringe upon official NFL trademarks.

What Are the Notices of Trademark Infringement?

The NFL takes any intellectual property issues seriously and respects those rights of others. The league has the right to take away any content from the services for any reason they choose, including if the trademark rights of another person are infringed under the United States laws. Under the right circumstances, the NFL has the right to and will disable or terminate any user accounts that are continuous trademark infringers.

Major League Baseball Licensing

If you wish to license a Major League Baseball trademark, you can make your request on the MLB website. The system for licensing a trademark from the MLB is very similar to the process for obtaining an NFL license. There is some indication that the minimum royalty for an MLB license is $40,000.

What Is NCAA Licensing?

Every university is part of the National Collegiate Athletic Association, which assists schools to make money off their athletic programs. Every school keeps the right to use their own logos and names, but the majority of schools are licensed through the Collegiate Licensing Company. This company is in charge of licensing the majority of bowl games and big schools, such as SDSU, Arizona State, UCLA, and the University of Arizona. The exception is USC, which isn't on the client list and has their own trademark office.

What If You Don't Want to Get Licensed?

Many shirts are sold for $10 and seem too good to be true, but that's because they're counterfeit. They're often illegally made and permission has not been requested by the owners. This is because they know they can make money and get away with it. They often don't get in trouble, as they're done selling the shirts by the time anyone investigates into this.

Frequently Asked Questions

  1. Can I use NFL team colors without the logo or name?
    No, using team colors in a way that could associate your product with an NFL team may still violate trademark law.
  2. Is it legal to sell football shirts with player numbers?
    Yes, but you cannot use the player’s name alongside the number, as that would be considered trademark infringement.
  3. Can I mention "Super Bowl" in my marketing?
    No, "Super Bowl" is a registered trademark. Businesses often use alternative terms like "The Big Game" to avoid legal trouble.
  4. What happens if I unknowingly violate an NFL trademark?
    The NFL may send a cease-and-desist letter, demand removal of the product, and even pursue legal action if necessary.
  5. Can I get an NFL license as a small business?
    It is extremely difficult due to the high financial and quality requirements. The NFL typically grants licenses only to large, established manufacturers.

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