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Slightly OT: trademark and copyright questions regarding Pats' symbols


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BTTA

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Watch this video at 28 seconds (and again at 2:30 and several other spots).

Is that not a Patriots' symbol? Or is it public domain at this point? Just curious. This is, I believe, an Indiana High School gym.

There are minor differences notable at the back of the head. Perhaps that's enough difference? I doubt it. Perhaps the Pats give permission? Or just don't care?

 
Watch this video at 28 seconds (and again at 2:30 and several other spots).

Is that not a Patriots' symbol? Or is it public domain at this point? Just curious. This is, I believe, an Indiana High School gym.

There are minor differences notable at the back of the head. Perhaps that's enough difference? I doubt it. Perhaps the Pats give permission? Or just don't care?

Most likely scenario.
 
We've got HS football squads here in Mizzou who "borrow" the Packers' team color scheme; and other teams steal freely from the pros all the time.
 
Since its in a school/youth educational environment, i would imagine its either with permission, or free use
 
I know that the Patriots allow certain groups to use their logo. For example, I have seen AF Transports with the Flying Elvis on their vertical stabilizer (tail fin) right up at the top. I don't remember if they were C-141 or C-5's, but they were plain as day for anyone who looked up.
 
It is the NEP logo, but I wouldn't assume there is permission. A Catholic high school here was using the "fighting Irish" logo, and got a cease and desist letter from Notre Dame. My read on many of the high school logos is legal compliance is not the first thing, or even the last thing, on the mind of the school incorporating the design.

I would expect in many cases the owner is unaware. If that Flying Elvis logo is licensed frequently, then it faces the possibility of becoming generic and public domain in time. In contrast to Gwedd's example, which is not a commercial or sports product and I do not know any licensing is involved there (we had a Marine Air Combat Element with Elvis images everywhere, and my conversations with that group did not suggest they had reached out to his estate for permission), having a bunch of teams anywhere with your name and logo suggests a generic logo (and trademark dilution). I would expect that logo is meant to be unique, and representative of the New England Patriots only.

As an FYI, if you were curious about the logo origins, it is discussed here.
 
The local high school team here in Albemarle VA is also called the Patriots. They use a slightly modified version of the logo with permission. So it's not a stretch to think others do also.
 
My High schools football team was the Raiders and wore a very similar color scheme. But with a pirate logo. Also I remember seeing one of those high school football segments on the NFLN a few years ago. One of the teams had a VERY similar logo to the Flying Elvis. I thought it was actually associated with the Pats at first . Which it wasn't.
 
I doubt very much if Kraft is worried about High Schools using the logo to represent their team. It might even further his brand. HOWEVER, it would likely be a problem if someone at the school sold a lot of T-shirts with the logo on the internet. THAT's where the only problem would be.
 
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