Legal Question in Intellectual Property in Florida

I want to start a business that sells used clothing that has been altered to adhere to modern styling. So the clothing was originally of one brand (american eagle or hollister, etc.), and I want to take it and make it look different/updated. Can I legally brand the article of clothing under my own brand in this case (i.e. put my own logo over the original, or black out the original)? Thanks!


Asked on 9/07/10, 6:40 pm

1 Answer from Attorneys

Mario Musil The Musil Law Firm

It depends on how much you actually change on the clothing and how identifiable the original designs are to the particular brand. You would need to have this researched for your particular case to be sure, but just to give you an example, if you even take a small split second sample from a song and make it a part of a new song you may be liable for royalties. That case law may very likely apply to something like this.

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Answered on 9/13/10, 5:24 pm


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