Prairie View, TX asked in Copyright, Business Formation and Business Law for Texas

Q: I have celebrities on my clothing brand. could I get sued?

I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?

1 Lawyer Answer
Allison Higgins
Allison Higgins
  • Intellectual Property Lawyer
  • Helotes, TX
  • Licensed in Texas

A: Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to get a thorough analysis of your risks.

As far as the LLC, it is almost always advisable to form an LLC for a business venture. This helps to keep your business and personal assets seperate and gives your business perceived authority. While you do not need an attorney to file an LLC in Texas, there are several reasons you should consult with one about the decision. First, an attorney can help you decide if an LLC or some other kind of business entity is best for your business. Second, they can draft a custom operating agreement and other legal documents you may need to operate your business. In this case, you may end up needing licensing agreements, vendor contracts, etc.

I would highly recommend finding a Texas attorney who specializes in both business law and intellectual property (copyright and trademark) law to help you. Best of luck on your new venture!

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