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I know a lot of people who have their own businesses and make

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custom shoes for a living...
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: 5 years ago.Category: Business Law
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1/5/2013
Business Lawyer: Loren, Attorney replied 5 years ago
Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 35,913
Experience: 30 years experience representing clients .
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They purchase a license from the NBA or they sell counterfeit product.
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Customer reply replied 5 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.

Business Lawyer: Loren, Attorney replied 5 years ago
You do not require a license to do it. You require a license to sell it legally.
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Customer reply replied 5 years ago

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

Business Lawyer: Loren, Attorney replied 5 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.
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Customer reply replied 5 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?

Business Lawyer: Loren, Attorney replied 5 years ago
Yes, that would not violate US copyright law.
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Customer reply replied 5 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.

Business Lawyer: Loren, Attorney replied 5 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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Loren
Loren
Loren, Attorney
Category: Business Law
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