I would like to recycle old clothing items into reworked products. Is this trademark infringement?
Los Angeles, CA
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Posted 2 months ago in Trademark Infringement
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I would like to recycle old clothing items into new products. If the clothing has a logo or trademarked screenprint on the front, would this be considered trademark infringement? Even if someone provides me with the clothing item to be reworked?
Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted 2 months ago.
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The rightsholders of the logos you're re-using on your own products have the right to have consumers not confused as to the source of your products, which is you, and not the designers whose logos you're re-purposing. That's trademark infringement.
It doesn't matter whether you bought the old clothes or got them as gifts or from customers to re-work. You can lawfully own these items, sell them, or give them away, and you can recycle them without using their trademark identifiers. What you can't do is alter them and put in commerce new products made out of the original product using their trademark. That "dilutes" the trademark and may confuse your customers, or the customers of the trademarked goods, into thinking that your products are the rightsholder's products. And you're using these items because of those logos, right? That proves the value of the thing you're taking without permission. Stick to making items without someone else's logo or screenprint., and consult an IP lawyer if you're not sure whether your business is on the wrong side of an IP issue. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Daniel Nathan Ballard
This attorney is licensed in California.
Posted about 1 month ago.
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