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Loren, Attorney
Category: Business Law
Satisfied Customers: 32988
Experience:  30 years experience representing clients .
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I know a lot of people who have their own businesses and make

Customer Question

I know a lot of people who have their own businesses and make custom shoes for a living. These shoes contain images of NBA teams' logos in glitter and drawings. How are they allowed to do this?
Submitted: 4 years ago.
Category: Business Law
Expert:  Loren replied 4 years ago.
Thank you for using JustAnswer. I am LawGuy and I will do whatever I can to answer your question.

They purchase a license from the NBA or they sell counterfeit product.
Customer: replied 4 years ago.

So let me get this straight. If someone brings me an old pair of shoes and asks me decorate them in a spiderman theme I would require a license to do this? The shoe is not being mass produced and it is for the personal use of the customer.

Expert:  Loren replied 4 years ago.
You do not require a license to do it. You require a license to sell it legally.
Customer: replied 4 years ago.

Can a person pay me for my labour? Or is that considered selling it?

Expert:  Loren replied 4 years ago.
As a practical matter, it is unlikely any company is going to bother you for doing this for your friends. It really does not become an issue until you are doing this in volume.
Customer: replied 4 years ago.

1 last question. Am I legally allowed to walk into a store and buy a pair of name brand shoes, decorate them and resell them as my own custom creation? Can I sell them as a restoration piece?

Expert:  Loren replied 4 years ago.
Yes, that would not violate US copyright law.
Customer: replied 4 years ago.

If I have a Levi jacket that I decorate wand want to re sell is there a license required to do this. The reason I ask is because there are a few second hand stores in Toronto that alter brand name clothing and re sell it. I was told they purchased a license to do so.

Expert:  Loren replied 4 years ago.

Resale shops are not violations of trademark. Once you buy a licensed product for your personal use, it is yours to keep or sell. However, I was only answering regarding US trademark law. I will opt out for a Canadian expert.

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