We would like to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to replicate the boat with all trademarks for commercial purposes?(selling the model boats)

We are interested in selling in New Zealand first.

Can you help me what to do in order to make this?

enter image description here


You will run directly into both copyright and trademark law. The only way for this to be legal is if you have permission – a licence fee would probably be involved.

  • Thank for your comment. I'm just wondering if in case we have a customized order from the clients asking to make it. And we make a 'model making request agreement'. Would that help so we won't run directly copyright&trademark? – Andy Jul 28 '17 at 4:28
  • Do you mean you will make a model to the customer's original design and only include images to which the customer has the rights? If so, this would be fine. If instead, you mean the customer is authorizing you to break the law then, no - no once can authorize lawbreaking. – Dale M Jul 28 '17 at 5:17
  • Hi Dale, thanks for you comment. Yes, i meant if i get an custom order from customer. Then they will have to sign a T&C which customers have the rights. If they sign then do I need to double check before making one for them? Thanks – Andy Jul 31 '17 at 1:12
  • @andy Post that as a new question – Dale M Jul 31 '17 at 1:31
  • sure i will post now – Andy Jul 31 '17 at 3:55

At the very least you'd need them to "indemnify, defend and hold [you] harmless" from any actions arising from your reliance upon their representation and warranty of having the necessary licenses for the use of someone else's properties.

Of course, if you were to simply buy "stickers" for each logo/trademark, sold by authorized distributors, that would be a different question: whether your use in this context would rise to a misrepresentation of the origin and sponsorship of the model.

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