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?
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
