I'm building an NBA trade machine app that uses NBA team logos and player images. I've been contacting the NBA for months, and I've gotten no response. I see a handful of apps on the app store that comfortable use "NBA" in the app name and player images in the app. Is it okay if I just leave a disclaimer on the app page saying that my app has no affiliation with the NBA?
No one here can guess what the review team decision will be.
But NBA is very strict on their rights, so I would really fear rejection without a formal agreement to use image, names, ...
Stating that your app has no affiliation with the NBA will not help in anyway (it could be easier in fact if it was!).
Devs are obligated to show proof-of-right to use any content that they do not own. A simple disclaimer is no substitute.
This isn't new and surprising in this day and age that anyone would be asking strangers on a forum if they need to worry about it when mentioning any brand, much less one so well known.
if you're just some dev trying to capitalize on their product/branding, and they have not authorized you to do so, you are without a doubt wasting not only your own time, but that of app review's.
If you're seeking actionable legal advice, devForums is not the place. Such questions are best put to your legal counsel.
As for other apps, no app on the store is any promise of what will/won't be approved/rejected. If you feel someone on the store is violating copyrights, feel free to contact the App Store and let them know.
Trademark law is complicated. It differs in many ways from copyright law and patent law. You have two issues - not violating the NBA's trademarks and convincing App Review that your use does not violate the NBA's trademarks. Under trademark law you may use "NBA" in various ways as long as no user could think your app was actually an NBA related product. (And since NBA is a basketball franchise rather than a digital product you might be able to use it in your app.) In that regard "a disclaimer on the app page saying that my app has no affiliation with the NBA" would go a long way. Using it in the title like "NBA Machine" might be a problem but "Machine for NBA players" might not. Ask an attorney. And use a letter from that attorney in your notes to app Review to show that you are not violatng 5.2.1
"uses NBA team logos and player images"
These are most likely copyrighted not trademarked so their use is more restricted. You would need permission.
I can almost guarantee it will be rejected and would be totally shocked if it was not.
Hi,
Did you get a solution for your issue?
I want to use the NBA teams logo on my app and I have the same issue.
Did you get an answer from the NBA?
Best,