Copyright Question...

[jhern87]

What is the name of your state (only U.S. law)? Oregon

I was thinking about starting forum for fans of a college team and was curious about copyright issues? To what extent can I use their likeliness? For instance, if the team was Portland st Vikings, could I name it something like "Vikings Talk" (or something to that extent) and describe it as "a place to discuss Portland St. Athletics"? Am I able to eventually charge for access to it?

 

[FlyingRon]

This isn't a copyright issue. Names are not protectable by copyright (though the artwork of their team logos may).
The real issue you have is TRADEMARK. Most likely if you do not use the name in advancing your own business, and you make it clear that you are not affiliated with the team names/leagues in question, then you probably are OK.

Note that college athletic departments are some of the fiercest protectors of their trademarks. Tread carefully.

 

[quincy]

I think that using "Vikings Talk" would attract the attention of lawyers and your forum would have a short life, and no disclaimer is likely to protect your use from a trademark-based cease and desist.

There have been cases in several states where the usurper of a college or professional sports team name or nickname has led to threats of litigation and injunctions (I can look the cases up and provide them later, if necessary).

Names of teams, nicknames of teams, sports arena names, sports colors ... these are all often trademark-protected with unauthorized uses policed with vigilance by the trademark holders.

I suggest you review your website plans with an attorney located near you prior to investing a lot of time, energy and money into setting it up.

 

[jhern87]

I think that using "Vikings Talk" would attract the attention of lawyers and your forum would have a short life, and no disclaimer is likely to protect your use from a trademark-based cease and desist.

There have been cases in several states where the usurper of a college or professional sports team name or nickname has led to threats of litigation and injunctions (I can look the cases up and provide them later, if necessary).

Names of teams, nicknames of teams, sports arena names, sports colors ... these are all often trademark-protected with unauthorized uses policed with vigilance by the trademark holders.

I suggest you review your website plans with an attorney located near you prior to investing a lot of time, energy and money into setting it up.

Yeah, I plan on meeting with an attorney before I do anything. Thanks for the help guys.