Trademark or copyright products

I wanted to know if it’s legal to sell an athletes picture of them on a cell phone case. For example, a LeBron James case would that be legal? I see them all over the Internet but is there a license or some sort of thing needed to sell them or how does it really work?

Asked on September 24, 2016 under Business Law, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would need the written consent of the athlete and would also enter into an agreement by which the athlete would be compensated.
If you went ahead and marketed those items without the athlete's consent, you would be sued for invasion of privacy, which is the appropriation of one's name or likeness for commercial purposes without consent.

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