The National Football League (NFL) has strict guidelines around the use of team colors and trademarks. However, under certain circumstances, individuals and organizations may be able to incorporate NFL colors into designs and products. Here are some key considerations when using NFL team colors:
NFL Guidelines on Team Color Use
The NFL exerts tight control over the use of team names, logos, and other intellectual property. This includes official team colors. Some key NFL rules regarding team colors include:
| Teams own their own specific color palettes |
| The exact shades of color are trademarked |
| Permission and a license is needed to use team colors |
| The license deals with how the colors are used e.g. on apparel, goods etc |
| There are strict style guides governing color use |
| The NFL enforces its color trademarks aggressively through legal channels |
As the colors are trademarked and teams own their color scheme, the NFL has to protect infringement and unauthorized use. This means that you cannot legally use precise team colors without permission in designs, apparel, merchandise or promotions.
When Can You Use NFL Colors?
While you need to be careful with NFL colors, there are some circumstances where you may reference and use them to a certain extent, such as:
| Using them in editorial content or commentary e.g. on a blog |
| Making products or designs for personal use only |
| Using colors that are similar but not exact matches |
| Referencing colors in informational content |
| Producing works considered parody under fair use |
| Making products under an official NFL license |
The key is sticking to either commentary, informational or personal contexts and avoiding commercial use without a license. You need to also avoid suggesting any official connection or endorsement from the team or NFL.
Examples of Referencing NFL Colors
There are various ways individuals and organizations can make fair use of NFL colors without infringing trademarks, such as:
| Using colors in charts, graphics and infographics for editorial and informational purposes |
| Referencing colors in hobby activities e.g. crochet, crafts for personal use |
| Making commentary on team uniforms and colors on personal blogs and websites |
| Producing artwork featuring colors under parody and fair use provisions |
| Making products featuring colors for giveaways, personal use etc |
The key is avoiding any commercialization or suggestion the NFL endorses or supports the use. When used for informational purposes or personal projects, referencing official colors is usually acceptable under fair use.
Trademark Protections on NFL Colors
The extensive trademark protections help preserve exclusivity and commercial value for the NFL. Some key rights include:
| Controlling how colors are applied to products, designs and merchandise |
| Preventing unauthorized merchandise using official colors |
| Requiring permission for any commercial use of colors |
| Prohibiting use of colors that cause consumer confusion |
| Ownership of precise shades associated with teams |
| Legal recourse for infringement and unauthorized usages |
The NFL can protect colors even without explicit NFL branding through trademarks covering specific shades. This allows them to restrict commercialization and retain exclusivity.
Licensing NFL Colors
For commercial use of NFL colors, you need an official license agreement, which involves:
| Contacting the NFL licensing department to negotiate an agreement |
| Paying royalties and other licensing fees to the NFL |
| Adhering to NFL branding and style guides |
| Gaining approval for how colors are applied to specific products |
| Selling officially licensed merchandise |
| Renewing license agreements periodically |
The NFL has a large merchandise licensing business and signs agreements with companies to produce items bearing NFL colors and branding. This generates significant revenue.
Using Distinct Shades as Alternatives
One option is using similar but distinct shades of colors that don’t precisely match NFL team colors. This avoids infringing trademarks. For example:
| Using darker blue instead of Panthers blue |
| Using light green rather than Seahawks green |
| Using gold instead of Vegas gold for the Golden Knights |
| Using crimson over Patriots red |
| Opting for navy instead of Bills blue |
Substituting noticeably different shades allows individuals and companies to integrate colors into designs and products without infringing trademarks or requiring licensing.
Consequences of Unauthorized Use
The NFL does police unauthorized use of team colors and may take legal action in some cases:
| Cease and desist letters for trademark infringement |
| Fines and damages for commercial infringement |
| Lawsuits seeking injunctions on use of colors |
| Destruction of infringing merchandise |
| Seeking compensation for lost profits |
| Bringing cases of criminal fraud for substantial infringement |
While minor personal uses are rarely actioned, commercial applications without licensing may incur penalties. It is best to seek guidance before any commercial endeavor involving NFL colors.
Conclusion
The NFL exerts strong ownership over official team colors. Commercial uses require licensing while personal, editorial and informational contexts allow some fair use rights. Avoiding exact color matches helps protect trademarks but any commercial product requires direct NFL approval and a license. With some caution and care around intellectual property, individuals and organizations can still find ways to integrate NFL colors into designs and commentary legally. The crucial factor is avoiding confusing consumers into thinking a product or design is officially endorsed by the NFL or teams when it is not.