My friend is making and selling bow ties and some of them she is making out of a famous designer’s shirts, can they sue her for this?

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My friend is making and selling bow ties and some of them she is making out of a famous designer’s shirts, can they sue her for this?

Sometimes she will take the designer’s symbol and put it somewhere on the bow tie. She advertises it as a han made bow tie made from the designer’s shirts and that it is not a product made by the designer.

Asked on December 16, 2013 under Business Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If she is using the designer's symbol, then yes, she could be sued: that symbol will be their trademark, and it is illegal to use another person's or company's trademark without their permission, including in the use that you describe. She is violating their intellectual property rights.


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