Youth uniform logo question

[MizzouRah]

Our soccer club used to get our jerseys from company A, when we first started out, we used company A and they sent us an email with out 10 different logos they created for us to place on our jerseys we ordered from them.

A few years later and we have decided to go with company B this season because they are cheaper and deliver the product once it's completed.

MY QUESTION:

Can we still use the same club logo on our jerseys from company B? It's a very simple logo and company B just reproduced it on their equipment.

The reason I ask is because one of our teams had a tournament last weekend and were the first team to wear company B's uniforms. The manager sent me an email asking where we had purchased those uniforms and were we using the logo they had designed for us? I figured, it's our club logo and we have the right to have anyone use it with our permission, but maybe I'm wrong since we didn't design the logo?

Can we be sued? Should we just come up with something else for our club logo?

I'm sure the person from company A, just pulled pre-designed logos from the internet and added our club name to name/changed the colors.

I did reply and explain to him that yes, we have decided to go with another company after they completed a test order for us and if he did not want us to use the logo, we would come up with something else... but I really like our logo and we have it circulated throughout our club - so if he doesn't have a case, I'd like to stick with it and call his bluff.. if it came to that.

Thanks,

[JonInMiddleGA]

Off hand I'd say it depends upon the terms & conditions at the time of creation. Check your old paperwork, see what you turn up there in the fine print.

[Swaggs]

Interesting question and I'm sure some of our lawyers will be able to point you in the right direction.

I would guess that you have two things going in your favor.

One is that, unless they went to the trouble of trademarking your logo (which seems like an unlikely step to take unless you purchased a ton of merchandise), they may not have an exclusive claim to it.

Second is that they created the logo for your use and you compensated them. Unless someone signed some paperwork indicating otherwise, I think you are good.

[MizzouRah]

Originally Posted by JonInMiddleGA

Off hand I'd say it depends upon the terms & conditions at the time of creation. Check your old paperwork, see what you turn up there in the fine print.

Thanks Jon.. nothing in there that I can see ever mentions anything about the logo - just costs for the jerseys and what not.

[MizzouRah]

Originally Posted by Swaggs

Interesting question and I'm sure some of our lawyers will be able to point you in the right direction.

I would guess that you have two things going in your favor.

One is that, unless they went to the trouble of trademarking your logo (which seems like an unlikely step to take unless you purchased a ton of merchandise), they may not have an exclusive claim to it.

Second is that they created the logo for your use and you compensated them. Unless someone signed some paperwork indicating otherwise, I think you are good.

Interesting.. makes sense. I don't believe they TM or C the logo, as that would have inquired an extra cost. I think it was a case of, hey we are looking for a new logo, do you have some you could let us look at?

They created it, we accepted and then paid for it each time we purchased a jersey.

Thanks, really appreciate it.

[JonInMiddleGA]

Originally Posted by Swaggs

One is that, unless they went to the trouble of trademarking your logo (which seems like an unlikely step to take unless you purchased a ton of merchandise), they may not have an exclusive claim to it.

Second is that they created the logo for your use and you compensated them. Unless someone signed some paperwork indicating otherwise, I think you are good.

The bolded part improves your situation considerably in the absence of any other restrictions/limitations.

[cuervo72]

My bet would be that they just sent you a number of stock logos that fit the theme and tweaked it to add text. I'd think you're fine.

[MizzouRah]

Thanks.. it will be interesting to see what he says. I'm sure he's pissed of the loss business, that's the only reason I'm thinking he might say, "the logo I designed is our property" or something like that.

I just want to sound like I know what I'm talking about.

[MizzouRah]

He said, "use the logo, no big deal"