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Competing Mascot (copyright, trademark)
dcbevins posted a topic in Business Practices, Sales and Pricing, etc.
Ok guys, lets call this a hypothetical. Say I wish to compete with a high school's adopted mascot/logo. I don't want to use the graphic they have. I want to introduce a brand new one. Lets further say I want it, down the road, to become the official one. If not becoming the official one, then a beloved alternative. Does a brand new graphic, not at all like the first, likely violate some state stature? I have looked, but it about as clear as mud about the school name and name of the mascot. Say they are the Franklin Birds. I have searched the tradedmark database for the state and find no Franklin Birds. Can I couple my brand new mascot/graphic/logo with the school name and not violate copyright or trademark. Seems there should be some wiggle room someplace to allow competition. Note that I am not so much trying to be clandestine with them, as just to make a few say shirts or promotional items to create a buzz that would make them receptive. I don't want to agitate them, but would like them to see some samples on the students without breaking any laws, before I approach. Otherwise I will just go to the front door and try. I feel though if I had a legal way to make some items and gain some campus support first, it could go a long way. Even if all I do is put the mascot/logo with no wording on some items, that might be enough for a start is my thought.