September 19, 2008

High School Logos: Can I use it to sell my clothing?

I received the following question by email:

What is legality of selling high school apparel, does consent need to be obtained, or royalties need to be paid?

This is my answer:

Your question is tough to answer because I need more information.  You are asking about copyrights and trademarks.  A high school logo or mascot is a copyright and a trademark, and the high school owns the trademark and the copyright.  The law prevents you from copying the school’s trademark and copyright without the school’s permission.

If the school is public high school, then you probably do not need permission to use the school’s trademark or copyright.  However, if the school is a private school, then YES you will need the school’s permission to use the trademark or copyright to sell your apparel. 

Have no worries.  You may be surprised; the school may give you permission to use their copyright and trademark to sell your clothing without requiring you to pay any additional money (a royalty is money you pay for the right to use someone’s copyright or trademark).
If you need more information about copyright and trademarks, please visit the U.S. Trademark and Patents Office at www.uspto.gov.  The government posts a lot of free information about this subject.

Do you have a legal question?  Ask your question and receive free answers. Also, chat online, live with our attorneys Mondays through Friday from 8am to 8 pm EST.  Visit www.mckeeoffice.com


Good luck.
Sharmil McKee
Business Attorney

McKee Law OfficePhiladelphia, PA

1-866-966-9544 (toll-free)

Posted by Sharmil McKee at 08:57 PM | | Comments (0) | TrackBacks (0)

Can family members serve together on the same board of directors of a church?

I received the following questions by email:

Can family members serve together on the same board of directors of a church?


This is my answer:


Absolutely, in fact, it is probably practical given that most families share the same values, including religious faith and community-involvement.  I am going to assume that the underlying question you are asking is whether ‘allowing family members to serve on the church’s board, exposes the church to additional liabilities’.  The short answer to that question is ‘yes’.  

A church member could always sue the church claiming a board member breached his/her fiduciary duty* to the organization.   Family members tend to place family interests before other obligations.  On the other hand, your church can easily avoid this claim, by implementing a “Conflict of Interest Policy”.  


What is a Conflict of Interest and why does it matter?  A conflict of interest presents itself when your interests are directly opposite to the church’s interest.  For example, let’s imagine you and your sister serve on the church’s board.  Your sister owns a cleaning service.  The church needs to hire a cleaning service and your sister is bidding for the job.   However, your sister’s prices are twice as much as the average cleaning service.  But your sister claims her service is also twice as good as the average cleaning service.  In this example, your sister’s interests are directly opposite to the church’s interest.  Your sister wants the highest price for her business, but the church wants t pay the least for the service.  If the church votes to award the job to your sister, then it could “look like” she took advantage of her board position to get the job.  In addition, it could “look like” you voted to award the job to your sister because you are family-members, not that it is the best for the church. 

Conflicts of interests create ground for lawsuits from the organization’s members. On the other hand, a conflict of interest policy would dictate the steps an organization would follow when a board member presented a conflict of interest—such as when a sister wants the church to hire her cleaning service.   By following these steps precisely (and documenting the steps) the board could award the job to your sister AND avoid claims of breach of fiduciary duty.


*Breach of fiduciary duty is when a person breaks her promise to make the best possible decision to benefit an organization or person.


Feel free to Instant Message me or email me if you need more information at www.MckeeOffice.com.  We are happy to help.


Sharmil McKee
Business Attorney
Philadelphia, PA
blog@mckeeoffice.com

1-866-966-9544 (toll-free)

Posted by Sharmil McKee at 08:34 PM | | Comments (0) | TrackBacks (0)

Need emergency funding for your business? Apply to the Merchants Fund.

Need emergency funding for your business? Apply to the Merchants Fund.

 

The Merchant’s Fund is a Philadelphia nonprofit that gives grants to small businesss in crisis created through no fault of their own.  For example, the Merchants Fund helped El Bar in Fishtown when it suffered water damage from a fire at a neighboring property.  The Fund also helped Mount Airy business stay afloat during the State’s renovation of Germantown Avenue.  Each year, about 40 businesses apply, and only half receive funding.  For more information, visit www.merchantsfund.org

 

Sharmil McKee

Business Attorney

McKee Law Office

Philadelphia, PA 19119

1-866-966-9544 ext 2

blog@mckeeoffice.com

 

Posted by Sharmil McKee at 07:26 PM | | Comments (0) | TrackBacks (0)