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I am planning on selling "Recycled" clothing by embroidering & silk screening "used" shirts and reselling them as revived items.

San Antonio, TX |

I want to sell used clothing with a concept of recycling them by adding embroidery that reflects my company name as a fashion statement. For the most part it will be used clothing branded with my company name and logo but sold used and noted as "recycled" as part of the stitching.

Attorney Answers 6


  1. The topic you posted under is trademark infringement which has to do with violating someone's trademark. I have changed the practice area to trademark application, which is what you need.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  2. This has already been answered here at least once before

    http://www.avvo.com/legal-answers/can-i-alter-used-clothing-and-resell-it-with-some--892787.html

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  3. Consider consulting with an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms . I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundaiton. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin.


  4. This is really a very fact specific question. You may be able to do what you are describing, but it may also be the case that you can cross the line and expose yourself to a legal action.

    Your best bet it to consult with a lawyer in private and get specific guidance once all is clearly understood. Most of us here, including myself, offer a free phone consult so you may want to take advantage of that.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.


  5. If the question is whether you can sell the clothing as "recycled", in the absence of a particular statute in Texas dealing with this, it would not be a misrepresentation. You may want to come up with your own name and logo and copyright and/or trademark the name. You could also incorporate (recommended) and use the unique name you invent. You can check the TX Secretary of State data base to see what other names are in use. You can also check the U.S. patent and trademark data base.

    IRS Circular 320 required notice. The comments herein cannot be used to avoid a tax penalty unless they are specifically stated to be given for that purpose. This is a general answer, without the ability to assess the individual facts and applicable law.


  6. The reason I think that you were correct in assigning this question to trademark infringement is the possibility/probability that existing trademark(s) exist on the clothing. I had a client doing precisely what you are describing with vintage, barely legible, Harley Davidson apparel which he significantly modified.

    Short version - all "heck" broke lose. Depending on the unhappy original trademark owner, you may win in court, but the experience of victory may bankrupt you.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.