Selling imitation designs

ginnette31 said:

I am wondering the legality of selling T shirts with the same design as another company.

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It depends on the distinctiveness on the design. Some designs can be exclusively owned - meaning you can't use it. Some designs (or design concepts) cannot be exclusively owned - therefore you can use your own version of it.

ginnette31 said:

If it is okay to have my own brand of clothing and using others Designs?

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You can't just use an existing design without permission. You need to contact the designer and ask about licensing the design.

If you want to create your own version of the design, the legality is based on distinctiveness (as mentioned above).

ginnette31 said:

OR if I have to make the designs personal(changing color or subtle shape difference)?

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Generally speaking, if you are creating your own version of an existing design, you would have to make more than just a few subtle changes to make it legal to use.

ginnette31 said:

Can I also make a design and form some type of patent on it? So no one can use it.

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If you create your own original design, you can submit it for copyright registration. You will then own the design. Similar to using someone else's design, exclusivity will be based on how unique the design is.

Thank you for being so informative. But how do I know if a design is exclusively owned or not?
what if i create my own design and later on find out someone else had create the same design. is the consider copy right infringement?

ginnette31 said:

But how do I know if a design is exclusively owned or not?

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There is no definitive answer. ALL designs are automatically copyrighted upon completion. So you need to rely on common sense and take every situation separately. Do some research and find out where the design is being sold or used.

Are you creating your own designs? If not, where are you finding the designs you want to use?

ginnette31 said:

what if i create my own design and later on find out someone else had create the same design. is the consider copy right infringement?

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In most cases, this is considered a misunderstanding that can be resolved quite easily without legal action. But if someone really wanted to cause you problems, or if there is a ton of money at stake, then I suppose it could be copyright infringement. But the odds of unintentional infringement landing in court is probably slim.

here is the image i will like to use, how can i find out if someone has already copyright this image or used it as a T shirt design? http://ginnette31.tumblr.com/post/82425468004

thanks,
ginnette

The photographer or creator of the image is the copyright owner. It's impossible to know if it's been used as a t-shirt design. But you can't just take someone's image and use it as your own. Where did you find the image? Try to find some info where you can contact the owner of the image.

ginnette31 said:

...If it is okay to have my own brand of clothing and using others Designs?
-G

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I'm curious - why would you create your *own* brand, then copy other people's designs? Wouldn't it make more sense to create your own, original designs and make your line distinctive?