Legal Question in Intellectual Property in California

If I were to take a designer tie, cut a square out of it with the logo still showing, and sew it onto a t-shirt as a pocket and resell it as a crafter, would this be legal? It would be in very low quantities.


Asked on 4/28/12, 10:59 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd have to say illegal. Whether the trademark owner would actually notice, take offense, and/or bring a trademark action is another story, but the concept sounds definitely like infringement.

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Answered on 4/29/12, 12:16 pm
Nancy Delain Delain Law Office, PLLC

Because you're showing the designer's logo, the designer could sue you for trademark infringement and possibly win. Small quantities might limit your liability,but the tie designer could win from you far more than you would ever make by selling the T-shirts.

You can get around this by licensing the use of the logo from the designer. Contact my office at 518-371-4599 if you want to explore this possibility.

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Answered on 4/29/12, 1:05 pm


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