Adobe Illustrator, photoshop software, and anyother software for desingers

Just because you purchased the software for use on your computer to create illustrations or graphics, it does not give you the right to use the brand name as a brand for your clothing line. Under our trademark laws, the standard is whether a member of the public would likely be confused by your use of the mark on your clothing line as being related to, endorsed by, or affiliated with Adobe software. Often this determination will turn on whether the mark would be deemed famous, as unrelated products (software versus clothing) are not often confused with each other. If the mark is famous, which arguably, Adobe is, then it is given a much broader spectrum of protection for goods or services that may not be related in any way. A good example of this is Delta airlines and Delta faucets, which co-exist using the same trademark, because the public differentiates these services/products as completely unrelated. However, the marks VISA or COKE or MARLBORO are all very famous, so any use of these marks on any other products or services would probably constitute infringement and dilution.

Dear Sir or Madam,

No - you cannot use the pictures that came with your Adobe Photoshop software on t-shirts. Just because you purchased a license of Adobe Photoshop does not mean you purchased a license to use the images contained in the software.

If you would like to put images on t-shirts, I would suggest that you take photographs or create images yourself, or purchase the correct type of license of the image from the copyright owner. This type of legal work can be done by an attorney for a very small fee.

Further, you are going to want to register the copyright, or the license you purchase, for the images that you put on your clothing line with the Library of Congress. This is relatively easy - see Copyright.gov. Again, small attorney fee on this one.

Last, I would suggest that you register the trademark that you intend to call your clothing line at the US Patent and Trademark Office. Some examples of other clothing trademark lines are PRADA, GUCCI, and LOIUS VUTTON. Registering your trademark will give you exclusive rights to use the mark for your class of goods in commerce. The attorney fee for this type of work is a little higher because the USPTO employs attorneys to examine the registration application and sometimes require written legal analysis of the trademark in question and trademark law.

A little more information than you asked for, but, better to get these things out of the way before you get started.

-Tomas M. Flores, Esq.

No you cannot use the commercially unless they give you written permission.