Legal Question in Business Law in Massachusetts

Re: changing a clothing item

You raise a nest of legal issues. As best as I can determine from your hypothetical, there is no issue with copyright in the fabric pattern as the rights would be exhausted by the "first sale" doctrine. You could conceivably seek a design patent (generally of little value) but not a utility patent. I suggest that you consult with an intellectual property lawyer for advice specific to the actual facts of your proposed venture.

Best wishes,

LDWG

Re: changing a clothing item

The question you ask is too complex to answer simply here. Your use of someone else's shorts into a bag or something else will depend on a number of factors such as are you using the company logo which is on the shorts or are you using the shorts as simply raw material.

More information is needed to determine the answer to your question. You should contact an attorney with experience in intelectual property or manufacturing and design.

Re: changing a clothing item

There are essentially two classes of patents; 1) Utility (any new or useful process, machine, manufacture or composition of matter or any improvement thereon) and 2) Design (any new ,original or ornamental design of a manufactured article). The first issue is whether or not you infringe upon another entity's patent. The second issue is whether or not you create a patentable product or process.

The answer is extremely fact specific. Please feel free to contact my office direct for a free initial consultation;))