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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I want to create a website online selling kigurumi (onesies)

Customer Question

I want to create a website online selling kigurumi (onesies) such as animals and characters like mario. Also slippers with animals and characters. Is this possible to do if i buy them all from china?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Are you talking about selling items that have characters that are copyrighted imprinted on them??

Customer: replied 4 months ago.
but you can see in websites such as, and that they sell onesies with characters. But there are only few that are characters, there are also animals such as cows, dogs cats which i doubt can be copyrighted. Is this possible to create or would there be issues
Expert:  Legal Ease replied 4 months ago.
You cannot use anyone else's image. If someone else create an image they own the copyright to it. It is a type of property. It is intellectual property and you can be sued if you use else's image. So you cannot do what you want to do lawfully. I'm sorry about that.
Customer: replied 4 months ago.
When you say image do you mean photograph? what if i take my own? Also what if i don't use any characters but instead just use onesies such as animals, COW, DOG, Giraffe, dragon ETC....
Expert:  Legal Ease replied 4 months ago.
You can sell whatever you like so long as you are not using an image created by someone else and so long as you are not confusing the public with an image that is very similar to someone else's. What you should know is that if you confuse the public this is considered a civil wrongdoing called passing off and you could be sued for that. But you can certainly can create your own images and put them on onesies and sell them. Why not?
Customer: replied 4 months ago.
What if i were to sell the same items that are on the site they don't seem to own those designs and you can buy them anywhere in china. Is that fine?
Expert:  Legal Ease replied 4 months ago.

If you use someone else's creation you can get sued for damages.

Whether you will get caught or not is not clear.

And perhaps if you are right and they are sold everywhere you may be OK.

But as you are not planning on designing the items yourself you need to be aware of the potential risk involved.

Customer: replied 4 months ago.
lets say i were to get "caught" what would happen would i instantly be sued or would i get a notice telling me to stop. Maybe i create the website and just see how it goes....?
Expert:  Legal Ease replied 4 months ago.

You would likely get a notice telling you to stop and to pay the owner of the copyright compensation for making money off their creative work.

I think you should sit down with an intellectual property rights lawyer face to face before making the website. You might be able to do so for free. Let me know your province and I will try and find a way you can have a brief consultation for free.

Customer: replied 4 months ago.
Forsure i would really appreciate that. I live in Toronto, Ontario CANADA
Expert:  Legal Ease replied 4 months ago.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

(###) ###-####(within the GTA)

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