I get asked this question more often than I ever would have guessed. To me the answer is so clear - “No you don’t need a license to be a retailer of licensed sports products” - that at first I thought people were asking me a different question and I was misunderstanding them. But the question kept being asked on a weekly basis, so it is clearly something people are unsure of, and it has prompted me to post my response here for others to find.
Note 1: I also find that I am getting asked this question by retailers outside of North America – ie a retailer in Spain wishing to sell NFL licensed merchandise. In this post I try to answer that question as well.
Note #2: Please note that in my answers below, for the sake of simplicity I have used the NFL as my example, but please understand that for the most part any time you see “NFL”, you could replace it with MLB or NBA or NHL or NCAA or MLS or Nascar, etc. The key is that the principle of the answer holds for the other leagues as well, not just the NFL.
So, I am a retailer – do I need an NFL (or MLB or NBA or NHL or NCAA) license to sell licensed sports products from my bricks and mortar store and/or over the internet?
1. You do not need a license of any kind from the NFL to sell NFL products at retail. This holds whether you are a bricks and mortar retailer, or an e-tailer, or both. All you need is to find NFL licensees (or distributors – see below) willing to sell their products to you. This answer may prompt two other questions:
A. You might well ask, why wouldn’t an NFL licensee sell to you? - If you are a small retailer and you are wanting to sell Nike licensed merchandise, Nike might not sell directly to you because you aren’t able to place a large enough order. Or Nike may have a carefully crafted list of established retail accounts with whom they work and they simply will not sell to you. But this unwillingness-to-sell is rare and only applies with the largest of licensees like Nike and does not apply to the vast majority of the other 174 NFL licensees.
B. You might ask – where can I find a list of “all the NFL licensees” that I can contact with respect to buying NFL licensed products from them?
- You might think that the leagues would be happy to provide you with such a list, and you might be right. You can always try contacting the various leagues and see if they will provide you with a list of their licensees. If they won’t, and I suspect they won’t for a variety of reasons, I offer two suggestions:
Allow me to try to clarify something that can be quite confusing. The NFL does have a "Retail License", and at first glance you might think this means that the NFL is granting certain companies the right to retail NFL licensed merchandise. This is NOT what the NFL menas by Retail License - what a Retail License is a license that allows a manufacturer (ie a licensee) to sell products to retailers. So if I am an NFL licensee with a Retail license, this simply means that I can sell my products to retailers. It does NOT mean that I am a retailer who has been given some special right by the NFL.
(ii) Plan on attending the “Sports Licensing and Tailgate Show” held annually in January in Las Vegas. While not every licensed sports products company exhibits at this show - there are approximately 3500+ licensed sports product companies in North America (the vast majority of which as US college licensees), and you will find 300-ish of them represented at the show - there is a very good cross-section of licensed sports product companies including almost all of the biggest ones, and it would be well worth your while to attend the show if you are retailer looking for product.
2. Just to be crystal clear, while you don’t need a license to sell licensed sports products at retail, you DO need a license if you wish to manufacture and sell products with NFL league and team logos and trademarks to retailers, wholesalers, distributors, etc. Geographically, the NFL breaks this type of license into NFL USA licensees, NFL Canada licensees and NFL International licensees. (I'm not completely in-the-know with the NFL International license - perhaps they have broken this down into smaller areas or regions rather than simply "the rest of the world", ie an NFL Europe license and an NFL Asia license.)
- When someone is an "NFL USA" licensee, what this means is that they are contractually bound to only sell products to customers (retailers, distributors, "wholesalers") in the USA - they cannot sell to customers outside the USA. My company is located in Canada and yet I can be a NFL USA licensee - the license designation defines who you can sell to, not where you are located.
- It is these licensed sports products companies (licensees) which pay the NFL the licensing royalty, generally 15% of the wholesale price. For instance, if NFL licensee ABC CO sells $5,000,000 worth of NFL products to retailers (15% royalty) and distributors (18% royalty) and other various wholesalers (15-18%), they must remit to the NFL a royalty in the amount of 15% (or 18%) x $5,000,000 = $750,000. But the retailers and distributors and wholesalers do not submit any royalties whatsoever to the NFL - the royalty has already been paid at what is referred to as "The First Level of Distribution" – when the sale was made by the licensee to the retailer or distributor.
3. For retailers in Europe who wish to buy NFL licensed products, here are my thoughts/suggestions:
- If you are interested in being a retailer in Europe (let’s assume England for now), as explained above you do not need a license of any kind from the NFL. But you do need to understand that theoretically you can only buy from companies with an NFL International license (manufacturers) OR from "middleman" companies who have purchased from companies with an NFL license (these type of companies are generally called distributors or in some cases “wholesalers” but that is a confusing expression). The question then becomes, how do you find a list of companies (licensees) you can buy from?
- To get a list of companies with NFL International licenses, ie NFL International Licensees, I suggest that you contact either:
A. The NFL Head Office in New York (contact info below). You should explain that you are a retailer in Europe, and that you would like to receive a list of NFL International Licensees from which you are allowed to buy NFL products.
Updated Dec 2021:
- I believe that Angie Clift, Manager NFL Consumer Products, or someone on her staff should be able to provide you with such a list. angie.clift@nfl.com
- For North American retailers, contact the NFL switchboard in New York at 212-450-2000. If you are successful in obtaining a list of NFL US licensees, good for the NFL for helping you and would you be nice enough to let me know?
Updated Dec 2021:
B. The NFL Europe office is located in London and you could contact them and explain that you are a retailer in Europe and that you would like to receive a list of NFL International Licensees from which you are allowed to buy NFL products.
www.nfluk.com
4th Floor, 1-9 Hills Place
London, UK W1F 7SA
Ph: 44-20-7534-0030
Brett Gosper
Head of Europe & UK National Football League (NFL)
London, England, United Kingdom
Gosper reports to the New York-based NFL executive vice president and chief strategy and growth officer Christopher Halpin.
Jessica Campbell
Europe Licensing Manager
London area, UK
E: jessica dot campbell at nfl dot com
Maisie Wharton
Partnership Manager at NFL UK
NFL UK
London, England, United Kingdom
E: maisie dot wharton at nfl dot com
Alexander Steinforth
Head of NFL Germany as of Jan 2022 - General Manager Germany
Office location TBA
Look for a LInkedin article by Steinforth re his new NFL job which starts in Jan 2022
=================
Alistair Kirkwood
Managing Director, NFL International
Retired in late 2020 after 20 years in the role. Replaced by Brett Gosper - see above
No longer there as of Dec 2021
David Tossell
Director of Public Affairs, NFL Europe/UK
- But there is one other important source of NFL licensed products for you to buy from, and this is the group of "middleman" companies I referred to above which are known as "distributors". In this case these distributors have already purchased from NFL licensees, and these distributors can and should be able to sell to anyone they please, including someone in England even if they are based in the US. I do not know if there is such a distributor(s) in Europe, but I suspect there is - use the internet or ask the NFL UK office contact.
- But here's the key point and key takeaway in this entire blog posting and this is directed at North American and non-North American retailers: Don't be limited to European distributors - you can purchase from US-based distributors (some contact info can be found below). The key thing about distributors of NFL products, particularly those in North America, is that they make it their business to stock a wide variety of NFL products (almost all teams) AND they generally have very low minimum order levels, ie you can order 3 of this and 2 of that and 6 of another thing, and you simply order using a credit card. That is the business of distribution - they basically act as a warehouse of NFL products. Yes they charge a bit more than if you bought directly from the NFL licensee, but not outrageously so. Please also note that the distributors suggested below almost always sell more than just NFL products, they also sell MLB and NBA and NHL products that you might also be interested in. The distributors below are listed in no particular order.
NEW INFO: In addition to the great distributors listed below, please also check out my searchable Online Directory of North American Licensed Sports Products Companies which costs $59 to use for three months. In it you will find a large list of Distributors and their contact information - roughly 80-ish distributors in te USA. Simply use the "Advanced Search" option and search for category 4 = Licensed Sports Products Distributors.
Here are a few licensed sports product distributors to give you a sense of what distributors look like.
Distributor #1: Casey's Distributing
8921 "J" Street, Suite 300
Omaha, NE 68127
USA
Ph: (402)334-3485
www.caseys-distributing.com
Check out their website and you can actually see products, pricing and quantities on hand.
Distributor #2: WCN Group
2401 Monarch Street
Alameda, CA 94501
USA
Ph: (510)748-4248
WCN Group website
Check out their website and you can see products but not pricing or quantities on hand.
Distributor #3: Big Apple Card Company
4800 Lyons Technology Parkway, Unit 2
Coconut Creek, FL 33073
USA
Ph: 800-883-8090
www.bigapplecard.com
Check out their huge selection of licensed of hardline and softgoods products from the major leagues as shown in their remarkable catalogue.
Distributor #4: Good Tymes Enterprises Inc.
P.O. Box 2073
228 Preston St SW
Abingdon, VA 24212
Ph: 866-628-5101
Fx: 276-628-4779
www.goodtymesent.com
A distributor of Nascar, collegiate, NFL, MLB, NBA and NHL products. They have a wide range of hardlines products - no softgoods. They have a 90 page 2013 catalogue.
Best of luck and I hope this has helped answer some of the questions listed below.
Thanks for reading, and as always, please let me know if you have any questions!
Scott Sillcox
PS from Feb 2013
I hear from a lot of retailers, both bricks and mortar and e-commerce retailers, who want to buy jerseys to sell from their store but seemingly can't buy jerseys. Here's the best way I can explain things:
There are actually two distinct issues:
1. Identifying which officially licensed companies make replica or authentic jerseys.
2. Figuring out if any of them will sell the jerseys directly to you.
To explain, let's use the NFL and their jerseys as the example:
A. Nike is the official on-field jersey licensee for the NFL (I am using layman's terms), but they may only sell to a certain, select type of bricks and mortar retailer and to a select type of e-commerce retailer. I am not privy to their criteria for who they will and will not sell to - you have to work the phone with Nike's sales team and find out if they will sell to you or not. If they will not sell to you directly, you need to ask them if one or more of the entities they sell to (I would refer to these entities as a distributor, but Nike might call them something quite different) would in turn be willing to sell to you. And that's the key for you - you need to figure out who you can buy from - I do not have this info but Nike does. If anyone can share with me the names of a "distributor" who will sell Nike jerseys to independent bricks and mortar retailers and independent e-comm retailers, please let me know - there is a flood of companies wanting to buy from you. Also, please keep in mind that Nike sells several different "grades" of jerseys: they sell a Game Jersey which looks more or less like the on-field jersey and retails for $100-ish; a Limited Jersey which is a funky jersey not worn onfield and retails for $135-ish; and an Elite Jersey which appears to be the actual onfield style jersey and which retails for $250-ish).
B. In addition to Nike, Mitchell & Ness (owned by adidas/Reebok), also has an NFL jersey license, albeit for Throwback Jerseys ($250-ish retail) and Replica Jerseys (these appear to be throwbacks but are a different quality than the Throwback jersey line - these Replica jerseys retail for $140-ish). So you might also want to speak to M&N and see if you can buy directly from them or if not direct, could you buy through a "distributor"?
----------------------------------------------------------------------
Do you need a license to sell NFL merchandise?
Do you need a license to be an NFL retailer?
How do you become a licensed NFL vendor?
How can you sell officially licensed NFL merchandise / products / goods / accessories / apparel?
How do you sell items with NFL team logos?
Do you need a license to sell MLB merchandise?
Do you need a license to be an MLB retailer?
How do you become a licensed MLB vendor?
How can you sell officially licensed MLB merchandise / products / goods / accessories / apparel?
How do you sell items with MLB team logos?
Do you need a license to sell NBA merchandise?
Do you need a license to be an NBA retailer?
How do you become a licensed NBA vendor?
How can you sell officially licensed NBA merchandise / products / goods / accessories / apparel?
How do you sell items with NBA team logos?
Do you need a license to sell NHL merchandise?
Do you need a license to be an NHL retailer?
How do you become a licensed NHL vendor?
How can you sell officially licensed NHL merchandise / products / goods / accessories / apparel?
How do you sell items with NHL team logos?
Do you need a license to sell NCAA / US College merchandise?
Do you need a license to be an NCAA / US College retailer?
How do you become a licensed NCAA / US College vendor?
How can you sell officially licensed NCAA / US College merchandise / products / goods / accessories / apparel?
How do you sell items with NCAA / US College team logos?
Distributor #1: Casey's Distributing
8921 "J" Street, Suite 300
Omaha, NE 68127
USA
Ph: (402)334-3485
www.caseys-distributing.com
Check out their website and you can actually see products, pricing and quantities on hand.
Distributor #2: WCN Group
2401 Monarch Street
Alameda, CA 94501
USA
Ph: (510)748-4248
WCN Group website
Check out their website and you can see products but not pricing or quantities on hand.
Distributor #3: Big Apple Card Company
4800 Lyons Technology Parkway, Unit 2
Coconut Creek, FL 33073
USA
Ph: 800-883-8090
www.bigapplecard.com
Check out their huge selection of licensed of hardline and softgoods products from the major leagues as shown in their remarkable catalogue.
Distributor #4: Good Tymes Enterprises Inc.
P.O. Box 2073
228 Preston St SW
Abingdon, VA 24212
Ph: 866-628-5101
Fx: 276-628-4779
www.goodtymesent.com
A distributor of Nascar, collegiate, NFL, MLB, NBA and NHL products. They have a wide range of hardlines products - no softgoods. They have a 90 page 2013 catalogue.
Best of luck and I hope this has helped answer some of the questions listed below.
Thanks for reading, and as always, please let me know if you have any questions!
Scott Sillcox
PS from Feb 2013
I hear from a lot of retailers, both bricks and mortar and e-commerce retailers, who want to buy jerseys to sell from their store but seemingly can't buy jerseys. Here's the best way I can explain things:
There are actually two distinct issues:
1. Identifying which officially licensed companies make replica or authentic jerseys.
2. Figuring out if any of them will sell the jerseys directly to you.
To explain, let's use the NFL and their jerseys as the example:
A. Nike is the official on-field jersey licensee for the NFL (I am using layman's terms), but they may only sell to a certain, select type of bricks and mortar retailer and to a select type of e-commerce retailer. I am not privy to their criteria for who they will and will not sell to - you have to work the phone with Nike's sales team and find out if they will sell to you or not. If they will not sell to you directly, you need to ask them if one or more of the entities they sell to (I would refer to these entities as a distributor, but Nike might call them something quite different) would in turn be willing to sell to you. And that's the key for you - you need to figure out who you can buy from - I do not have this info but Nike does. If anyone can share with me the names of a "distributor" who will sell Nike jerseys to independent bricks and mortar retailers and independent e-comm retailers, please let me know - there is a flood of companies wanting to buy from you. Also, please keep in mind that Nike sells several different "grades" of jerseys: they sell a Game Jersey which looks more or less like the on-field jersey and retails for $100-ish; a Limited Jersey which is a funky jersey not worn onfield and retails for $135-ish; and an Elite Jersey which appears to be the actual onfield style jersey and which retails for $250-ish).
B. In addition to Nike, Mitchell & Ness (owned by adidas/Reebok), also has an NFL jersey license, albeit for Throwback Jerseys ($250-ish retail) and Replica Jerseys (these appear to be throwbacks but are a different quality than the Throwback jersey line - these Replica jerseys retail for $140-ish). So you might also want to speak to M&N and see if you can buy directly from them or if not direct, could you buy through a "distributor"?
----------------------------------------------------------------------
Do you need a license to sell NFL merchandise?
Do you need a license to be an NFL retailer?
How do you become a licensed NFL vendor?
How can you sell officially licensed NFL merchandise / products / goods / accessories / apparel?
How do you sell items with NFL team logos?
Do you need a license to sell MLB merchandise?
Do you need a license to be an MLB retailer?
How do you become a licensed MLB vendor?
How can you sell officially licensed MLB merchandise / products / goods / accessories / apparel?
How do you sell items with MLB team logos?
Do you need a license to sell NBA merchandise?
Do you need a license to be an NBA retailer?
How do you become a licensed NBA vendor?
How can you sell officially licensed NBA merchandise / products / goods / accessories / apparel?
How do you sell items with NBA team logos?
Do you need a license to sell NHL merchandise?
Do you need a license to be an NHL retailer?
How do you become a licensed NHL vendor?
How can you sell officially licensed NHL merchandise / products / goods / accessories / apparel?
How do you sell items with NHL team logos?
Do you need a license to sell NCAA / US College merchandise?
Do you need a license to be an NCAA / US College retailer?
How do you become a licensed NCAA / US College vendor?
How can you sell officially licensed NCAA / US College merchandise / products / goods / accessories / apparel?
How do you sell items with NCAA / US College team logos?
Thanks Scott! I do have a question however. If we have a unique product that we would like to get licensed and sell wholesale or to distributors/retailers, is there a way to get licensed through all of the leagues (NFL, MLB, NBA, MLS etc) through a manufacturer that is already licensed or do we need to apply to each of these leagues individually. We are a small business and do not have the revenue needed for an NFL license (for example). Our manufacturer is in China and we currently are licensed with NCAA. I have seen small companies that have suddenly had all logos (NFL, NBA, MLS etc) on their product and have wondered how they have done this all at once. Any help would be greatly appreciated.
ReplyDeleteThanks!
Noelle
Please guys let's bring manufacturering back to the USA! Consumers want products made here at home!!-Ty and good luck
DeleteHi Noelle!
ReplyDeleteSorry it has taken me this long to get back to you - no excuse!
The short answer is Yes, it is possible to find an existing licensee who would be willing to work with you.
The longer answer is that every situation is unique, but basically:
1. I could help you determine which handful of licensees to approach based on a number of criteria - we could talk on the phone and that would help me understand as much as I can about you and your product, which in turn would help me make some suggestions to you as to who you could/should approach. Or you are welcome to use my free-to-use, online searchable database of North American licensed sports companies - be sure to use the "Advanced Search" option to target the most appropriate potential partners.
2. You would want to do what you can to protect your idea - most companies that you might like to approach would be unwilling to sign a non-discolsure agreement (NDA), but there are still a number of things you can do to "protect" your idea. Once again, I can explain if we chat on the phone or you can use common sense to determine how best to protect your idea.
3. When it comes to the actual "deal" and what might be in it for you, you would need to understand that your product idea essentially becomes their product, and because it is their license and their sales force and their manufacturing and their distribution system, etc., you might reasonably expect a share of revenue in the 3%-5% of wholesale range. This might seem far too low to you, and if it does, then working with an existing licensee is likely not the answer for you. But if you can live with that (and understand why it is a reasonable amount), then this might be a good route.
4. You would want to sign a thorough agreement between you and the licensee, and I could suggest a number of things that you might want to be sure are included in the agreement (I always suggest to people that they draft the agreement rather than the licensee). At the very least you want to consider the term, an up front fee, a performance clause/minimum acceptable level of sales, your role in promoting the product, who can terminate the agreement (when and how), similar future projects, "ownership" of the idea.
Hope this is some help and feel free to contact me if you'd like more information.
Scott
Hi Scott,
ReplyDeleteThis is great information. Thank you for taking the time. Question. I'm a new supplier for a patented product. You listed serveral distributors for pro sports products. Does it make sense to use multiple distributors for a single product line? Or is that frowned upon?
Dre
Hi DRE -
ReplyDeleteMany thanks for the kind words and the question. You can definitely work with multiple distributors - some might ask you to work exclusively with them in some way, shape or form, but that would be an exception rather than the rule. I would encourage you to work with multiple distributors vs just one, but don't forget that you would also want to sell directly to retailers of all shapes and sizes in addition to working with distributors.
Thanks -
Scott
Hi Scott,
DeleteI'm a graphic designer and I design t-shirts. Do I need a license to design t-shirts for bowl games and specific universities? (NCAA focus)
Thanks,
Chris
Hi Chris -
DeleteThanks for the question and the answer seems so obvious, I wondered if there was something I was missing.
If you mean can you design AND sell t-shirts, the answer is clearly No - a thousand times No.
If you only mean design, and then if you sell the design to an official licensee, then the answer is Yes, you can do this.
If I misunderstood your question and you still don't have an answer, call me 416-315-4736.
Thanks
Scott
awesome post!! thanks for sharing this wonderful story i love reading it, i learned a lot from this and it gives me a different perspective on the topic!
ReplyDeleteDirk Kettlewell
Hi Barbara/Dirk:
ReplyDeleteMany thanks for the kind words and I'm delighted it helped. If you have other questions, feel free to email me directly at ssillcox@rogers.com .
Thanks!
Scott
Good morning Scott,
ReplyDeleteI just want to take a moment to tell you how amazing you are! This is an awesome site with awesome information! I greatly appreciate the amount of time and consideration you have put into this. When I decided last year to open a retail store selling NCAA/NFL/MLB/NBA items I searched and searched looking for a point blank answer to rather I had to have a license just to be a retailer. After much deciphering I finally decided I was pretty sure I did not. I have also spent countless hours upon hours of searching the net for potential distributors or manufacturers to purchase from. I cannot explain my gratitude in your distributor search you have created. There are so many companies listed that I have not yet come across. I am almost done with construction and am just about to start ordering product. I have been trying to find additional apparel suppliers and I cannot begin to explain how much you have helped and how much additional time you have saved me. Thank you so much again for all your hard work. You rock!
Thanks!
Tiffany
Hi Anonymous -
ReplyDeleteMany thanks for taking the time to write such a nice note! It's my pleasure to help and if/when I get more info about how smaller independent retailers can buy from products, especially jerseys, Nike and/or adidas/Reebok, I will post that as well.
All the best and thanks again -
Scott
Scott, Will I need a license if I purchased official NFL gear at a retail store or online from the NFL Shop and repurposed that gear by incorporating it into a new product to sell? For example: I purchase an officially licensed NFL cap with the Steeler's logo on it. I then cut out the portion of the cap with the Steeler's logo and sew it onto a throw pillow, and sell the throw pillow. Your insight regarding this is greatly appreciated.
ReplyDeleteHi anonymous -
ReplyDeleteGreat question and here goes:
1. You need to understand that the "authorities" (see #4 below for an explanation) do not want you to do this and if/when they see what you are doing, they will likely try to convince you to stop. They do it first by letter, then perhaps later by legal action.
2. If you are truly buying the item (ie the NFL cap in your example) at retail and not at wholesale, then my opinion is that the authorities would be hard pressed to make a case against you stand up in court.
3. But surely at some point it doesn't make financial sense to buy at retail and then re-purpose the item in something else (how can you make money doing that?), and the moment you try to buy the product at some wholesale level, then the game changes. At that point they will begin the process of trying to stop you from doing what you are doing by eliminating your sources.
4. For your information, the NFL + MLB + NBA + NHL + "NCAA" (actually CLC) have banded together and funded an organization called "CAPS", and it is CAPS that is the "authority" that I referred to above. CAPS stands for "Coalition to Advance the Protection of Sports logos" and you can visit their website at www.capsinfo.com . You can also proactively contact them and ask their opinion on your issue, but you can likely guess what their response would be.
I hope this helps answer your question and if you need more info, send me your direct email address and/or call me.
Many thanks -
Scott
Hello Scott,
DeleteI found your blog while doing a google search and was wondering what are the rules if you buy jerseys from places like Goodwill and turn them into something else. No logos will be displayed but I want to make sure they don't come after me. In some cases people will ask me to turn their jerseys into something else. Please advise.
Thanks,
Kimberly
Hi Kimberly:
DeleteThis is such a simple question and the answer is a bit more complicated. I have sent you my reply offline because the answer is not as simple as you might have hoped.
Many thanks for asking -
Scott
I am a web site wholesaler buying from licensed manufacturers,selling licensed NFL,MLB,NBA,NCAA products to small stores and consumers. Do I need permission to show these logos (ie. the NFL Sheild) on my website?
ReplyDeleteAllan
Hi Allan -
DeleteMany thanks for the question and if you zap me your question via regular email, I'd be happy to answer. Send a note to ssillcox@rogers.com.
Thanks!
Scott
Great Article, Scott!
ReplyDeleteIf a store was to sell unlicensed, home crafted, NFL merchandise would the store be fined or in trouble, the person/company making the merchandise or both?
Many Thanks in Advance,
Tiffany
Hi Tiffany -
DeleteMany thanks for your comment. I prefer not to be a spokesperson for CAPS, the policing authority funded by the NFL, MLB, NBA, NHL and CLC (NCAA), but in broad terms the person/company who would be in the most trouble is the one making the merchandise, especially if during the sales process they made claims that it was licensed merchandise. Feel free to contact www.capsinfo.com and get their take on the issue.
With respect to the person/store selling the merchandise, at the very least they run the risk of the merchandise being removed from the store without compensation. Hard to imagine the store being fined (who would have the authority to fine them other than a court of law), and it's somewhat hard to imagine the store being taken to court unless it was a large scale and deliberate attempt by the store to sell unlicensed merchandise.
Short answer - if the store knows it's not licensed and should be, don't buy it.
Many thanks for the question -
Scott
From Allan,
ReplyDeleteTried to email you, got this message from google,
" The address "ssillcox@rogers.com." in the "To" field was not recognized. Please make sure that all addresses are properly formed. "
Allan
Allan -
DeleteI can't imagine why - that's the correct email address. Can you try sending an email using some other non-Google/non-Blogger platform? The only other thing I can think of is if you actually had a period after com - perhaps that is where you went wrong..
Good luck!
Scott
This comment has been removed by a blog administrator.
ReplyDeleteHi Scott!
ReplyDeleteThank you so much for all of the wonderful information you have provided on this site. My question is along the same lines as the person cutting up the hat and adding it to another product (I believe it is called marrying items). Would a license be required to add a customers name and number to the back of a licensed t-shirt or jersey? More specifically, Majestic MLB logo t-shirts are offered through some of the wholesale vendors you listed elsewhere in the blog. If I buy from one of them and then offer them as "personalized" or "customized" and allow them to select a number and their last name that I would add to the back of the shirt, would a license be required? Another example; I buy the shirt from a retail vendor such as Eastbay (Nike NFL Logo T-Shirts for example) and provide the same customization as above (their requested name and number). Your thoughts would be great! Thanks again for the great resource!
Eric
Hi Eric -
DeleteMany thanks for the great question. If you zap me a note (ssillcox@rogers.com) with your email address, I'd be happy to give you my two cents worth. Short answer is maybe - I will explain if you contact me by email...
Thanks -
Scott
Dear Scott,
ReplyDeleteI am a huge basketball fan from Poland especially of NBA league. I want to open an online store in Poland with NBA products (mainly with clothes). As the local market is big and we have many NBA fans (especially from Suns because Marcin Gortrat is playing there) I think it could be a good idea.
I want to buy clothes in online shop such as "fansedge" or "fastbreakfanatics", then pay the taxes in Poland and sell the products in my online store or maybe in the future in a stationary shop in Warsaw.
The question is wheter I can do this in this form? Or maybe I need a licensees to sell NBA clothes? Or should I find a NBA licensees (or distributors) willing to sell their products to me (such as Adidas, Majestic Athletic, New Era Cap or Mitchell and Ness).
If so, it may you have a list of distributors which could cooperate with me. I fear that the polish customs office will require a license for selling the NBA goods from me.
I would be grateful for any information.
Kind Regards
Mariusz
Hi Mariusz -
DeleteMany thanks for the great note and if English is your second language, wow!
1. As the blog posting above explains, you do not need a license to sell NBA products, at least not a license from the NBA (or NFL, or MLB, or NHL, or Nascar or NCAA).
2. The challenge you are going to have is finding a company that will sell you licensed apparel (especially jerseys, quality t-shirts, sweatshirts, hoodies, etc.). If you wanted to sell mainly hardlines products, you will have no problem finding licensees who will sell you those products on a wholesale basis. But when it comes to apparel, especially the premium brands of apparel and ESPECIALLY jerseys, you will find it very difficult to find a licensee who is willing to sell to you. You will also have trouble finding a distributor of theirs who is willing to sell to you.
In the blog posting above I list 9 distributors (in the USA). You could contact each of them and see if they are able to purchase the soft goods items you want, and then ask them if they can sell to you. My guess is that in all cases they do not carry the higher end licensed apparel. They all carry hardlines product, and lots of it, but very few have much of an offering of softgoods.
Ultimately, you might ask - what's the issue? The issue is that the soft goods licensees don't want to commoditize the product and simply sell to any vendor who wants to buy from them - they want to sell only to strategic vendors that they have determined make sense in their overall distribution plan, and small online retailers (and small bricks and mortar retailers) are not part of their plan.
But please go ahead with your suggestion of contacting Adidas, Majestic Athletic, New Era Cap and Mitchell and Ness (Adidas) and don't give up without getting an answer if they will sell to you or not. If they won't sell to you, ask them who will. If you then contact their suggestion and they won't sell to you, go back to them and get their alternative suggestion.
I cannot comment on the Polish Customs officials re them allowing you to import products in order to re-sell them, but as long as you can document the source of the product and as long as you can show the customs officials that the product is licensed (the hologram goes a long way - ultimately you can contact the NBA office with a hologram number in hand and they will be able to get back to you confirming if that product is genuine or a fake.
I wish I could be of more help...
Scott
Dear Scott,
Deletemany thanks for your detailed answer, I am enormously gratful for your help.
Kind Regards
Mariusz
You are welcome!
DeleteHow would I go about getting a license to have team logos put on phone cases made in China for resell here in states?
ReplyDeleteGreetings -
DeleteYou would apply to the various leagues (NFL, MLB, NBA, etc.) for a license to make and sell that product. But unless you have a good deal of experience making and selling phone cases and other similar accessories, you do not stand a chance of becoming licensed, especially because that category (smart phone cases) is completely full and then some.
Sorry to be the bearer of bad news but there's no sugar-coating the reply to a question like this.
All the best and keep thinking of ideas...
Scott
Scott
ReplyDeleteI am wanting to start a small kiosk selling European Soccer Jerseys. Distributors here in the US are scarce. If I buy from a authentic licensed seller..I dh not have to have a license myself correct? Ie (Nike, Adidas, Puma) cannot go after me as long as I have a business and resellers license correct?
Thanks again
Jay
Jason:
DeleteI have answered this question offline, but the short answer is No, you do not need a license from any soccer league or from Adidas (etc.) to buy jerseys from the manufacturer (licensee) or from one of their distributors. But your challenge is going to be to find a manufacturer, or more likely a distributor, who will sell to you because they will perceive you not to meet some of their sales criteria (ie in order to sell to you, you may have to meet a number of specific criteria centered around your sales volume, purchase amounts, years in business, bricks and mortar precense, etc.).
Best of luck!!!
Scott
Scott,
ReplyDeleteYou are a Godsend for this valuable blog! Thank you for sharing your knowledge, talent and expertise.
Hi Anonymous -
DeleteMany thanks for taking the time to write and for the kind words - all the best!
Scott
Scott, Thanks for the blog. I am a home based business and I make items using NFL licensed fabric purchased from local fabric stores. Can I sell the items to stores who will then resell them to their customers?
ReplyDeleteHi Anonymous:
DeleteThis is such a simple question, yet the answer is tricky. If you send me an email (ssillcox@rogers.com), I will try to answer it in greater depth. But the short answer is: if you are buying the fabric at retail, legal precedent suggests you are allowed to do what you want. That doesn't mean you won't hear from CAPS (www.capsinfo.com) asking you to cease and desist, but it means that if you wanted to fight it, I'm suggesting legal precedent is on your side.
Thanks -
Scott
Hello Scott, my question is similar, nfl fabric purchased, make a product to sell direct to customer? ex. stocking, blanket, pet clothes. Thank you for a very Valuable informative site!Beck
DeleteHi Beck -
DeleteThe short answer is as posted above.
I see that you posted two questions to me and if you'd like a more in-depth answer, I'd like to answer you directly. Can you zap me your email address - my email is ssillcox@rogers.com ?
Thanks -
Scott
Hey Scott.quick?I have created a product.I have not infringed on any league licensed logos or text.What next?Do I just go up to the game and start selling my unlicensed product(s)?
ReplyDeleteHi Scott, very interesting article.
ReplyDeleteI have a question:
-If I buy a licensed NFL iron on logo patch of a team, can I then iron the patch onto a t shirt and sell it?
What if I declare upfront that the shirt is unlicensed?
Hi Robert:
DeleteI have sent you a separate email with my detailed reply - short answer is that the folks at CAPS (www.capsinfo.com) would say this is illegal. If you feel differently, you might end up in court figuring it out.
But read my full email reply.
Thanks -
Scott
Hi Scott,
DeleteThanks for this post! I had a similar question (that might be answered in your detailed reply). I'm a quilter. If I bought a patch and incorporated it into a quilt, could I sell that quilt?
Would it make a difference if I made the quilt and charged separately for the patch (at whatever I paid for it retail) and then just sewed it on once the quilt customer purchased both?
Thanks!
Catherine
Hi Scott! I can't believe how *exactly what I was looking for* your blog is! I have an idea for an MLB novelty product which would have a very short shelf life. I just want to sell the idea, I'm in no position to manufacture or market it (this assumes also that someone hasn't already thought of it and gearing up to make it as I type this). It's unique to a particular team. Is there someone at the local level in the team's city that I might pitch such an idea to?
ReplyDeleteThat is, is 'locally' the place to start when it's only about one team, or do you start with the league anyway?
ReplyDeleteHi Scott, I would like to purchase and use licensed photographs in a unique product. Could I sell that product to the public without licensing? The completed product uses no images, names, logos other than that which was purchased from a licensed distributor - is this something that can be done legally or do I need to contact one of the licensed manufacturers and have them make it?
ReplyDeleteHI Laura:
ReplyDeleteThanks for your question! Could you zap me your email address and I will give you a full answer to this question. My email is ssillcox@rogers.com .
Thanks -
Scott
Can I make products that are the colors of the NFL teams and just the name of the mascots: example: Blue and Silver with the word Cowboys printed on material?
ReplyDeleteThanks
Hi -
DeleteThanks for your question and if you would be good enough to send me an email directly - to ssillcox@rogers.com - I will send you something I have written/compiled on this subject.
Thanks!
Scott
Could you send me this same info to shellehames@yahoo.com, please? Thanks!
DeleteThanks for sharing the great information !
ReplyDeleteHi Scott,
ReplyDeleteI am looking to possibly start up a sports retail website that sells the odd color jerseys, is there any advice you can give about how to get started?
Thanks,
Kevin
Kevin:
DeleteThanks for taking the time to write. My two cents worth, and that's may be all it's worth, is that before you spend any money starting the site, work the phone and email and whatever tools you have in your arsenal to find out who will sell jerseys to you and at what price. Everything I am told by your fellow e-commerce retailers is that buying jerseys is a really hard task. So roll up your sleeves and do your homework ahead of time.
Best of luck and if you find any companies willing to sell you jerseys at wholesale, I would greatly appreciate you sharing some of that info with me if you were willing to do so.
Thanks -
Scott
I have a trade skill where people often approach me asking to create an item with a teams logo, name, etc., for them specifically. its a one off product that i don't mass produce. the first question, am i allowed to make the product for them without any backlash from overseeing committees? the second questions, can i then use pictures that i've taken of the finished product as a sample of some of the work i've done with the intent that i may receive orders for other similar, if not the same, logos and teams?
ReplyDeleteHi Scott.
ReplyDeleteCould I purchase a licensed NFL Shirt from a wholesaler and resell with an added feature such as a snap or clip for a hat or what have you.
Hi Joel -
DeleteThe short answer is no, especially if you are trying to make a business out of this.
If you send me your email address (ssillcox@rogers.com) I'll give you a more complete answer "off air".
Thanks for reading and thanks for asking -
Scott
Hi both,
DeleteI know there are few web sites that sell the Licensed Sport Team Fabrics like: Joan's, J&O fabrics and so on...I heard customer buying just to make a pillow or so for relatives, but also hear customer buys a lot of yards to make items for sale like...baby bibs, aprons, towels, pet stuff etc.... And I hear and read on the web too..this issue is :Hot Water" where people doing that can not be suiting because the fabric they are buying is already licensed. I thinks anyway. it should be illegal to do it. But the Leagues have not stop yet this issue. How and When???am still waiting for. Thanks for read it.
Hi -
DeleteI'd be happy to give you a fairly detailed answer to this question/issue if you would email me directly at ssillcox@rogers.com. I don't know your email address so I can't reply directly to you without your email address.
But a short answer would be that the policing body that is financed by the NFL, MLB, NBA, NHL and CLC (colleges) is called CAPS - www.capsinfo.com - you could contact them and report on someone who you think is breaking the law/rules.
Thanks -
Scott
Hi Scott, I want to make something from fabric with NFL,NHL,NBA,MLB, college teams and NASCAR logos. Are there wholesale suppliers I can purchase the fabric from? and 2) can I resell the product I made from that material without paying a license fee?
ReplyDeleteHi anonymous -
DeleteI believe I answered this question in depth in your recent email to ssillcox at rogers dot com. But for the sake of others, here is the short answer.
The leagues do not want you doing this, and while there are legal arguments on both sides of the fence, the issue is that the licensee who is authorized to make fabric has agreed not to sell the fabric to anyone or any company wanting to make a product from the fabric and then resell that product.
The company that is licensed by the NFL and MLB for fabric that you are talking about is Fabric Traditions - www.fabrictraditions.com. When you visit their website, you will see a note at http://www.fabrictraditions.com/?page_id=207 saying:
Q. Do you have licensed products?
A. Yes. We carry National Football League and Major League Baseball fabrics. These fabrics are intended for individual use only and are not allowed to be made into products for resale of any kind. The fabrics are 100% polyester fleece and 100% cotton and are 60" wide.
So there you have it - sorry to be the bearer of bad news but better you know ahead of time than after you've invested a lot of time and money.
Thanks -
Scott
Hey Scott,
ReplyDeleteMy company understands that getting licensed can be very expensive, but we still want to sell our product with sport's logos on them. Is there any way we can sell our product to a licensed wholesaler/distributor without being licensed?
Thanks,
Riley
Hi Riley:
DeleteThanks for the question, and the short answer is Yes there's a way. Ultimately you would find an existing licensee who might be interested in your product, then you try to convince them to allow you to become a manufacturer for them, then they will sell it to retailers under their existing license. These are hard deals to consummate largely because of price - it's very hard for you to make a buck and the licensee to make a buck and still have the product sold at a reasonable retail price.
I certainly offer consulting on this very subject, so feel free to call 416-315-4736 or email me ssillcox@rogers.com if you'd like more details.
Thanks -
Scott
Thank you for thanking the time to share this. Now, I understand.
ReplyDeleteThere seems to be so many grey areas here. As on person said they buy fabric from a licensed wholesaler and make products that they want to sell. I didn't see your whole response, so it was a little confusing. I've read so many different answers to this question. I was reading about the "Precious Moments" ordeal and it seems to me that the verdict was that it was legal to do that. Am I reading this wrong??
ReplyDeleteHi anonymous -
DeleteIf you send me an email ssillcox@rogers.com I'd be happy to elaborate on this for you.
Thanks -
Scott
Am I allowed to customize a basketball court and make it look like the Spurs court, using their logo and team name? I'm not selling anything, just a fan and would like to know. The court will be used by the public but free none the less. Is that okay, or do I need permission?
ReplyDeleteGood question and the short answer is you will be fine to do this given that it's free and that you aren't selling anything. Best of luck with the court!
DeleteScott
I was bored of the coffee table in my man cave so I made my own personalized Dallas Cowboys coffee table. If I wanted to start a small business hand crafting sports furniture would I have to get a license?
ReplyDeleteHi Anonymous -
DeleteIf you can send me an email - ssillcox@rogers.com - I will be happy give you my two cents worth. If you don't want to do that, the short answer is Yes, you would need to get a license. But there are all sorts of nuances that I'd be happy to explain directly to you.
Thanks for reading and asking - Scott
I came across someone Making and selling NCAA merchandise for Most of the schools in the south. I know it is against the law to manufacture and sell without the proper license. who can I contact to give them info so someone can investigate.
ReplyDeleteHi -
DeleteThe policing body which does much of the work for the NFL, MLB, NBA, NHL and CLC (collegiate licensing) is CAPS - The Coalition To Advance The Protection Of Sports Logos. You can get their contact info at: www.capsinfo.com
Thanks -
Scott
Hi! Your blog is overflowing with great info! I have an idea for a NCAA product that I am sure could be a HUGE short-term seller. I'm just not sure how to quickly and legally market a product like that. Could I potentially contract with you to sell through one of your sites? I am trying to sell some t-shirts in order to save money for a family trip to China. I have two adopted daughters from China and my dream is to take my family of 6 back there as a family. My product idea is timely and GREAT (I think) but I want to make sure I do everything legally through a licensed vendor. Any guidance/feedback would be much appreciated.
ReplyDeleteHi Lynet:
DeleteI'm not really a retailer although I have my heritage Sports Art site that sells original artwork, so I'm not the one to help you. But more importantly, I'm not quite sure that you can do what you want to do - I need to understand a bit more about your idea before I can say if it's something that you can do or not. Can you email me at ssillcox@rogers.com or call me at 416-315-4736 (Toronto) and I'd be happy to try to help.
Thanks -
Scott
Hi Scott,
ReplyDeleteI've got an idea for a product that I would like to attach an NFL or NCAA sticker to and sell as one product. Do you see an issue with that? Since the sticker would already be a licensed item and had a royalty paid on it, what issues could arise from doing what I'm thinking?
Thanks,
Steve
Steve -
DeleteI don't like to burst people's bubbles, but no, you can't do that - at least not legally. Or maybe I'm missing something in your description - feel free to email me directly ssillcox at rogers dot com and give me a more detailed explanation.
Thanks -
Scott
hey..i didnt read your blog as i didnt have time.. i'll make it up to you later... but right now i just want to know if manufacturing a basketball requires any licensing.. can you help me?? i'm working on a project
ReplyDeleteHi -
DeleteAs long as you don't use the NBA name or logo or a team name or logo, you don't need a license from the NBA. Ditto NCAA.
Hope that helps -
Scott
Hey Scott... Just discovered this site a few days ago. WAY great stuff!!!
ReplyDeleteIf you don't mind question for you. Let's say you have an idea for a product line (go figure, eh?). Is it possible to find a licensed sports manufacturer (licensee I suppose), contact them, then pitch the idea in exchange for a royalty deal. Or phrased differently, knock on their door, pitch them on the concept, if they like it, essentially hand it over to them in exchange for a cut of future revenue.
Thanks,
Dave
And yes, I am a real person. :)
Hi Dave -
DeleteThanks for the note and if you can zap me a regular email ( ssillcox at rogers dot com) I have a somewhat lengthy and detailed answer to your question. The short answer is Yes.
Thanks -
Scott
There are certain NCAA merchandise items that will be common to a sport.
ReplyDeleteHi Adam -
DeleteThanks for the comment - not sure if there's a question here, but if there is, could you re-phrase with a bit more detail? And you are always welcome to contact me directly at ssillcox at rogers dot com .
Thanks!
Scott
Hi Scott,
ReplyDeleteThank you for providing this valuable information. I am a full-time artist who sells detailed limited edition aerial drawings of sports stadiums. I use sites such as Google Maps/Bing Birdseye view as reference and do not embellish the art with logos other than what appears in or outside of the stadium. It is my understanding that artwork of architecture is not protected by copyright law. I would appreciate your views on this topic.
Thank you,
Mike
Mike -
DeleteIf you zap me a note to ssillcox at rogers dot com I'd be happy to try to answer this directly for you.
Thanks -
Scott
I would like to know, I have contact with manufacturers overseas in which i can buy quality jerseys and etc can I see those without a license to the public. The quality is great and the prices are also what can I do without having to worry about legal issues.
ReplyDeleteI replied to Danny via direct email, but the short answer to this question is that these are counterfeit jerseys and buying and re-selling counterfeit anything is illegal - don't do it if you are trying to run a legitimate, sustainable business.
DeleteThanks -
Scott
Scott,
ReplyDeleteI am starting a custom corn hole business. Is there a way for me to contact a company that already has a license to manufacture non apparel products and pay them as though they manufactured them, then i would be just the retailer and not responsible for the royalty or licensing requirement?
Any Help would be appreciated.
Thanks,
Carl
Hi Carl:
DeleteThanks for your note.
The short answer is No - if you are not the licensee, you cannot be both the manufacturer and the retailer - you can be one or the other but not both.
A longer answer requires us chatting and you explaining in much greater depth what you are thinking, and then I can explain in detail what can and can't be done.
I'm a consultant and I make my living by being paid for my time and advice. I do telephone consulting at $175/hour with a one hour minimum. If this appeals to you, all we would need to do is:
A. Schedule an hour that works for both of us
B. You would prepay the $175 hourly fee using Paypal.
C. You then call me at the scheduled time
Thanks -
Scott
AMAZING post, Scott! This is the exact question that has been rolling around in my head for a while and you answered it precisely and thoroughly. I'm also very excited about the prospect of being a retailer now! I was worried that I would have to be licensed as well. Thank you for putting my mind at ease and giving me some renewed motivation!
ReplyDeleteI have a licenses to sell major league baseball hats. would I get in trouble if I created a website called mlbhats.com ?
ReplyDeleteHi -
DeleteI don't understand what you mean by "having a license to sell MLB hats". If you have an MLB license to make and sell hats, then you are an official MLB licensee and in rare company. But you should simply ask your MLB licensing rep this question. He/she would be happy to answer it for you.
If you are a retailer and you sell MLB hats, then you don't need a license to sell them.
But with respect to your question, the pro leagues take a dim view to websites that include the league name or initials in any way - at some point in time you can expect to receive a Cease and Desist letter from the NFL/MLB/NBA/NHL/CLC policing body called CAPS - www.capsinfo.com . If you need more detail feel free to contact CAPS directly.
Thanks -
Scott
Thank you Scott, for taking the time out to answer my question. Have a good day!
DeleteNice post! I find this blog very informative, thanks for sharing!
ReplyDeletecollege district
Scott,
ReplyDeleteMy best friend and I started a jewelry company and would love to make and sell logo jewelry products for MBA, NFL and MLB. We have a seen a couple companies in China who produce something similar but do not have a license to do so (I am sure it would be more hassle to go after them than it is worth). We do not want to buy them and sell them online without doing it "right". Any input on where to go to work to become a licensee would be greatly appreciated.
Also, I saw someone who had "logo" items and was selling them. I asked her how she got the "rights" to do so and she said that the logos she uses are similar but not exactly the same as the official ones so that makes it ok. She said that is what she was told. Seems fishy but could that be true?
Julie
Julie:
Delete1. If you were good enough to send me an email directly (ssillcox@rogers.com), I will reply in detail to your question about what's involved in becoming a licensee. The short version is it's expensive and quite difficult to become a licensee - especially a jewelry licensee. If you want to stand a chance of becoming a licensee, you'll need one heck of a great sales plan and you'll have to be a serious business, not a part-time hobby.
2. As for the person selling "logo" items, the simple answer is she is selling something she shouldn't be selling. It's not legal - she's just trying to get away with something as long as she can until she gets caught. This is the same issue with the Chinese company, but they are even harder for the authorities to track down for obvious reasons.
Thanks -
Scott
Hey Scott,
ReplyDeleteGreat article! Very good, concise information. I have a couple questions if you have the time.
I am in the process of creating a small company in the United States that would manufacture plastic medical devices for children and wondered what the regulations would be if I wanted to put ;
1. NFL team logos (embedded in the plastic) onto a child's device (Logos and designs like NFL helmets, Team logos, Players names&Numbers)
2. Create my own design that used NFL colors, but nothing resembling an actual logo designed by the NFL. (Basically, would is be an issue that the colors could be interpreted as a famous sports team even though it would be based on interpretation?)
Thanks in advance!
~Jay
Hi Jay:
DeleteThanks for the nice words and here are some answers...
1. To produce and sell a product with a team logo on it, you would need to be licensed. In the case of the NFL, to become a licensee you need to meet a lot of criteria (length of time in business, sales force, existing customers, etc.) AND be able to prepay the minimum annual guarantee of at least $100,000 - meaning you would need to wholesale at least $850,000 of product per year. And if you want to use players' names and numbers, then that's an NFLPA (NFLPI) license with a whole other set of criteria and annual guarantee.
2. This is a harder question to answer, but the short version is if you just use colors with no references to a specific team or nickname, then you're likely in the clear. But remember, anyone can sue anyone over anything, and then it's up to the lawyers and the judge to decide. And generally speaking, products that are designed to speak to a sports-minded audience that just use colors but no logos or team names don't sell overly well - very hard to get stores to carry them and the average consumer isn't enamoured with generic products.
Perhaps not what you want to hear but I hope that helps -
Scott
Hi Scott,
ReplyDeleteI have a question for you lets say we purchase a licensed patch (in which they pay the fees to the leagues) and then we stick it on another product. Lets just make an example we stick it on a toaster and then we want to market that toaster with that team patch on it. Is this legal ?
Thanks
Joe
Joe:
DeleteThanks for the note.
The short answer is I wouldn't do it.
The medium answer is you're walking into a minefield. Is it legal? It likely is. Will you be threatened with court action? Likely at some point, especially the more successful you become. And then other issues come into effect because if you are trying to buy the patches wholesale, that source(s) will likely dry up fairly quickly. So can you afford to pay retail for the patches? And are you going to use team names in your advertising or promotion or packaging or website etc.? If so, expect trouble at some point.
If you were to hire me as a consultant for an hour or so, I can give you much more info and legal precedents.
Thanks -
Scott
Hello,
ReplyDeletePlease take 2 minutes of your time and help us.
We are an Online retailer selling official Merchandise of top European Soccer Clubs in Asia.
We currently import our merchandise from European (Wholesalers/Distributors) who buy the products of Official Licensed Manufacturers. Just as you have mentioned in your blog post, Our distributor/wholesalers have confirmed to us in writing, that they have the right to sell the merchandise to any Retailer/company worldwide and all royalties are paid by the licencors at the The First Level of Distribution
Sometime back the local agent for one of teams contacted us , to see if we were interested in becoming licensed manufacturers for our region. However due to a high MG which doesn't match actual market demand and Non Exclusivity, we decided to not to go ahead with it and continued importing and selling that teams merchandise.
Now that agent is telling us, that since we do not have a distribution license or a manufacturing & distribution license for the Merchandise we are importing , we need to submit a sales report of all the merchandise we have sold till date, asking to pay huge amount and remove all the products related to that team of our website.
Do they have any grounds to demand this from us. Also there currently no local licensees for products we are retailing, as we still trying to develop a market and gauge demand.
Thank you
Rohit
A nice reader by the name of Rohit sent me this message but I only received it in my email even though he posted in in Blogger. I thought it might be of interest to others and I had no other way of replying to Rohit other than in this fashion.
ReplyDeleteScott
=====================
Hello Scott,
Please take 2 minutes of your time and help us.
We are an Online retailer selling official Merchandise of top European Soccer Clubs in Asia.
We currently import our merchandise from European (Wholesalers/Distributors) who buy the products of Official Licensed Manufacturers. Just as you have mentioned in your blog post, Our distributor/wholesalers have confirmed to us in writing, that they have the right to sell the merchandise to any Retailer/company worldwide and all royalties are paid by the licencors at the The First Level of Distribution
Sometime back the local agent for one of teams contacted us , to see if we were interested in becoming licensed manufacturers for our region. However due to a high MG which doesn't match actual market demand and Non Exclusivity, we decided to not to go ahead with it and continued importing and selling that teams merchandise.
Now that agent is telling us, that since we do not have a distribution license or a manufacturing & distribution license for the Merchandise we are importing , we need to submit a sales report of all the merchandise we have sold till date, asking to pay huge amount and remove all the products related to that team of our website.
Do they have any grounds to demand this from us. Also there currently no local licensees for products we are retailing, as we still trying to develop a market and gauge demand.
Thank you
Rohit
Rohit -
DeleteI am not an expert on European soccer, but I think you have every right to question what you are being told. As long as the licensee is willing to sell to you, you do not need a license from anyone to sell the merchandise. I simply don't believe the agent when he says you need a "Distribution License".
That being said, the licensor can quietly tell the company selling product to you that they can no longer sell it to you and then you're left out in the cold. My gut says this will happen, so you'd do well to have a frank and proactive discussion with the licensee who you are currently buying from.
My gut says that you should stick to your guns no matter what - if obtaining your own license doesn't make sense (too higher royalty or minimum guarantee), then don't do it.
That's all I've got for now -
Scott
Hey Scott,
ReplyDeleteI was wonder, If i created a football game app, and just used the NFL Teams names (Giants, Bills) to write their game scores, would i run into any copyright infringement? Or need permission, or licencing. This game will be free and at best will make money from app advertisements (nothing to do with NFL juts regular app adv.)
This will really help. Thanks
Tim
Hi Tim -
DeleteMany thanks for the note/question. My answer takes a bit more space than I have here. Could you zap me an email ssillcox@rogers.com and I'll share a few bits and pieces with you.
Thanks -
Scott
I am a retailer – do I need an NFL (or MLB or NBA or NHL or NCAA) license to ... bjerseys.blogspot.com
ReplyDeleteHi Scott
ReplyDeleteI am based in England and I am looking at buying some NFL products from some retailers in USA (fanatics/fansedge) and selling them on through my eBay business in the UK, is there any problems with this?
Thanks
Mark
Hi Mark -
DeleteMany thanks for the note.
1. I'm sure you know this, but Fanatics and Fansedge are retailers (and they're actually the same company).
2. No issues with you buying from retailers and reselling - my only concern would be the price that you are going to have to charge your customers in order for you to make money.
3. You could also contact distributors (see my list in the blog above) or even licensees and buy from them if they were willing to sell to you - distributors should be no problem but licensees might be restricted from selling to a non-USA-based company by virtue of their NFL license agreement. To buy wholesale from licensees, you might have to set up a US based business, but I'm sure you could figure that out.
Go for it!
Scott
Hi Scott:
DeleteThanks for the article, it has helped a lot! I'm still confused. I am currently an entrepreneur. I do not want to reveal the product as it's in the early stages. But let's say I wanted to sell T-shirts with team logos on them. What exactly needs to licensed? I need to find a manufacturer who is licensed with the NFL to make the product and then I can sell them?
Appreciate any help you can give me!
Thanks,
Craig
Hi Scott:
ReplyDeleteThanks for the article, it has helped a lot! I'm still confused. I am currently an entrepreneur. I do not want to reveal the product as it's in the early stages. But let's say I wanted to sell T-shirts with team logos on them. What exactly needs to licensed? I need to find a manufacturer who is licensed with the NFL to make the product and then I can sell them?
Appreciate any help you can give me!
Thanks,
Craig
Hi Scott,
ReplyDeleteI am merchant with Amazon, I am working online from home, by selling my own design T-shirt in Amazon. Can I use MLB logo by modifying some parts like colors and background etc.. to make it unique and appear as is my own unique logo. Does this need a permission?. can you please clarify?
Thanks
This writer also sent me this same request via email, which I answered. Based on the sample images the person sent me, there's no question in my mind that the product would need to be licensed.
DeleteThanks -
Scott
This comment has been removed by the author.
ReplyDeleteHello,
ReplyDeleteI thought I could bring this one up. Here is a Canadian distributor that has a variety of soccer merchandise. You can filter it by club or nation and it has a variety of items from clothing, to pint glass and everything in between.
https://mimiimports.com/product-category/soccer-merchandise-in-canada/
Hi Patricia -
ReplyDeleteMany thanks for this and I have now added Mimi Imports into my online database www.LicensedSports.net as a Distributor. The database now has about 75 US-based and 15 Canadian-based distributors.
Thanks -
Scott
That is wonderful! Thank You
DeleteJust a quick question. I am looking at purchasing whole sale replica soccer jerseys and then selling on a US based website. Wondering if it is legally too sell these items. If you can answer or even point me to the information it would be much appreciated.
ReplyDeleteThanks,
Joe
Just a quick question. I am looking at purchasing whole sale replica soccer jerseys and then selling on a US based website. Wondering if it is legally too sell these items. If you can answer or even point me to the information it would be much appreciated.
ReplyDeleteThanks,
Joe
Joe:
Delete1. What you would like to do is completely legal, so no issues on that front.
2. What I think you may have trouble with is finding a company which will sell jerseys to you on a wholesale basis, or at least at a wholesale price that allows you to make money. In general terms, the jersey manufacturers don't like small retailers (bricks and mortar or online retailers) to have access to their jerseys because they upset the business model by selling jerseys at prices lower than the manufacturers wish. So my advice is make sure you have found a supplier(s) who will sell to you and at a fair price before you spend too much time on developing your website etc.
Good luck -
Scott
Hi Scott
ReplyDeleteI have a small side business making a tailgating game called cornhole or bags. I hand draw and paint (no stickers) a large genre of logos - ie: NFL, NCAA, MLB, Music Bands, MLS, European Soccer, other small companies etc. Will I run into a problem if I wanted to expand any bigger than a small side buisness?
Thanks
Hi Scott
ReplyDeleteVery interesting article. I work for one of the largest licensees for NFL, NBA, NHL, MLB etc... in Europe and just wanted to point something out for your readers.
Whilst you are correct that wholesalers/distributors in the US can supply retailers in Europe, theoretically they shouldn't (for two reasons).
1. Labelling/Packaging: the requirements in Europe are different to those in the US, different markings required, languages, warnings, health & safety requirements are also very different.
2. This leads to QC, testing etc... The requirements for testing (especially things like plush toys for example) are very different in Europe. The labelling again has to be different.
The best solution is to buy from a global licensee who manufactures for both territories..
Thanks
Marc
Marc -
DeleteMany thanks for your great comments!
1. Any chance you can suggest what "Global Licensee" you work for, and therefore what licensee retailers in Europe can approach? Please give as much contact info as you can including what "Global" licenses your company holds.
2. By any chance do you have a list of "Global Licensees" of the NFL?
Many thanks -
Scott
Hi Scot I want to make apparel and put team logos/patches on them and sell the apparel at retail if I am using a licensed logo say a iron on patch from say the Cowboys would there be any problem selling say a tee shirt with a licensed logo on it at retail?
ReplyDeleteHi -
DeleteThanks for also sending me a note directly to ssillcox at rogers.com - I have now replied to your question directly via email.
Thanks
Scott
Hello Scott,
ReplyDeleteI love all of the work you out in this page, it's very informative. My question is do I need a specific license for what I do. I buy hats from official places like Fanatics or New Era and then I embellish them with genuine Swarovski crystals and then resell the hats. Could I get in trouble for doing this, I really hope not. I just wanted to make sure.
Thank you in advance,
Caesar Productions
Caesar Productions -
DeleteThanks for the note and when people ask this question, I suggest perhaps you send me an email ( ssillcox at rogers dot com ) and I will share some thoughts with you. Like many things in life, there are two schools of thought and thus no definitive answer. One school says yes you can do it and there's legal precedent to back you up. The other says that won't prevent the policing bodies from issuing you a Cease and Desist letter, at which point you are faced with an important decision.
Thanks -
Scott
Hello Scott!
ReplyDeleteI bought some Team fabrics from our fabric store and wanted to use it to sew onto shirts and sell on Etsy. The fabric store obviously has the rights to the fabric, but chatting with one of the employees, she mentioned that if I used the team fabric to repurpose and sell on Etsy I could be in violation of infringement, which led me to searching the net. What's your take on using Team fabric from a retail fabric to sell, as in making pillows, adding to clothing, etc? Thanks in advance.
Terrence
Terrence -
DeleteIf you send me your email address I will give you a fairly specific answer to this question. My email is ssillcox at rogers dot com.
Thanks!
Scott
Hi Scott,
ReplyDeleteI have a question I'm hoping you can answer for me.
I've personally created my own NFL polo shirts where I bought a polo shirt at a retail store during a great sale then went online and found a quality NFL team logo that I then ironed onto the polo shirt. You'd never know it wasn't an official NFL polo shirt, but I managed to put it al together at a significantly reduced cost than had I bought an official Nike NFL polo.
My question then is would I run into legal trouble if I sold plain polo shirts and iron on patches of any pro sports team together from an online site (I live in the USA)? Then the end user would be the one that ironed the patch onto the shirt themselves so in effect I'm not selling say a Patriots, Cowboys (insert any team) completed polo shirt, but rather all the components for the end user to turn it into a look a like official pro team polo?
Thanks for your reply.
Regards,
Stephen
Stephen -
DeleteMany thanks for your great question. If you zap me your email address I will send you a somewhat long reply. My email is ssillcox at rogers dot com .
Many thanks!
Scott
Hey, first off great article. Question, you may have answered this question before on different merchandise however I want to know for sure.
ReplyDeleteI want to purchase team logo charms wholesale from China and resale them on a customized necklace/bracelet. Is this legal/illegal?
Hi dcmz -
DeleteThanks for the note and question. It would help if you could tell me the name of the company who makes the charms, but I'm 99% certain that if they are based in China then what they are selling are not officially licensed charms. I am not trying to be a spokesperson for the licensing industry, but if you knowingly buy unlicensed merchandise for resale, then that's illegal and the counterfeit product can be seized and you can also be fined. How do you know if a company is officially licensed? You can tell me the company name and the league/school in question, or you can go directly to the league/school and ask them if ABC Company is an official licensee. But if they are based in China and not the US or Canada, then it's a pretty safe bet that they are not an official licensee.
Hope this helps -
Scott
Hi Scott!
ReplyDeleteI wanted to add something to this discussion. While you can buy the merchandise from these companies and sell it, online retailers may have a bigger issue. Using the logos, team names, etc, is infringement (from what I can gather). There seems to be a large number of court cases from websites being sued for using these trademarks without authorization. Now one could argue that there are plenty of sports websites up and running, but that doesn't negate the fact that some of them are indeed shut down. Here is a question on a legal forum, answered by attorneys:
https://www.avvo.com/legal-answers/am-i-in-violation-of-copyright-trademark-laws-if-i-903897.html
The consensus is that it's sort of a crap shoot.
An online store would be difficult to operate without using such trademarks.
Would love to hear your thoughts.
Hi Scott, I was reading your very interesting blog on Licensed Sports Products. I’m approaching a large Canadian retailer (Giant Tiger) with NHL Licensed products and I feel some hesitation. As per the retailer’s purchaser, they were visited by an NHL official who would have said that new rules would forbid them to sell NHL Licensed products it was more than 2 years old! Does this make sense ? From what I can read on your blog, since I have a letter from my supplier that they have acquired the NHL Licensed products from a NHL licensed distributor, the Canadian retailer should not have any issue to resell these products.
ReplyDeleteCan you guide me towards an official document that I could show to Giant Tiger.
Thank you so much for your help.
Hi - If you re-send this question to my regular email address ( ssillcox at rogers dot com ), I would be happy to give you my two cents worth. Too public a forum here for this question and answer.
DeleteThx - Scott
There's another distributor of licensed soccer merchandise in Canada. They sell things like mugs, scarves, hats, keychains & soccer balls for a lot of big clubs like Barca & Manchester United.
ReplyDeletewww.oracletrading.ca