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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3424
Experience:  Experienced in intellectual property law
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I have a company we make tote bags.. so you know we have no

Customer Question

I have a company we make tote bags.. so you know we have no licenses of any kind for intellectual properties such as Disney or NASCAR or any organization....
On our website we offer the ability for our customer to up load an image of his or her choice to be placed on the bag..We do this in our factory.We charge for the bag $20 but we do not charge for putting our customers supplied images on the bag.
My question and concern is....If my customer sends me an image of snow white that she took a photo of at Disney world at Xmas
time can I put this image on my clients bag?
Thanks
Tommy
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 10 months ago.

hello. this is an interesting question and the answer will be subject to debate. from a copyright standpoint you are doing nothing wrong because you are not reproducing any images since the customer is supplying the image and even still it would only be a single copy of that particular work. from the trademark standpoint, technically you may be violating because you are creating a product that features trademarked names/characters/logos without permission. so you have a little risk but practically speaking the risk is very minimal because it sounds like you are not making more than one or a few copies of each item, i.e. the material changes with each customer...so you are not likely to be on the radar for infringement. so while it might not be 100% legal or risk-free, the chances of anything happening are very low. now, if you advertise online with images from Disney etc. then your exposure and risk goes up substantially, so you should avoid that.

Customer: replied 10 months ago.
Great thanks for the adviceTommy
Expert:  Alex Reese replied 10 months ago.

you're welcome, best of luck and please rate me so that I get credit

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