Asked in Intellectual Property, Trademark and Copyright for New York

Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"

3 Lawyer Answers
James L. Arrasmith
PREMIUM
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Answered

A: Yes, you can sell T-shirts with images of President Donald Trump in the U.S. Generally, using the image of a public figure like a president is allowed under the First Amendment, which protects freedom of speech and expression. However, you should ensure that the image you use is either in the public domain or that you have permission to use it if it's copyrighted.

It's also important to avoid using any trademarks or logos associated with Donald Trump or his campaign without proper authorization, as this could lead to legal issues. Additionally, steer clear of using his likeness in a way that implies endorsement or association without explicit permission.

While selling such T-shirts is typically permissible, it's a good idea to be mindful of any potential legal implications and to respect intellectual property rights.

Bao Tran
PREMIUM
Answered

A: Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:

Right of Publicity:

Public figures like former presidents have a right of publicity, which allows them to control commercial use of their name, image, and likeness.

However, this right is balanced against First Amendment protections for free speech and expression.

First Amendment Considerations:

T-shirts with images of political figures can be considered a form of political speech, which generally receives strong First Amendment protection.

Courts have often ruled in favor of allowing the use of politicians' images on merchandise as a form of political commentary or expression.

Fair Use:

Using Trump's image could potentially fall under fair use, especially if the shirts are making a political statement or commentary.

The more transformative or creative the use of the image (e.g., incorporating it into artwork or parody), the stronger the fair use argument.

Trademark Issues:

While Trump's name and likeness are not traditional trademarks, he has attempted to trademark certain phrases associated with his campaign.

Avoid using any trademarked slogans or logos associated with Trump's campaigns or businesses.

Photography Rights:

Ensure you have the right to use any specific photograph of Trump. Using photos taken by others without permission could lead to copyright infringement claims.

Commercial vs. Non-Commercial Use:

Selling T-shirts is a commercial activity, which may be viewed differently than purely political or artistic expression.

However, courts have often protected the sale of politically-themed merchandise under free speech principles.

Potential Legal Risks:

While the law generally favors your right to sell such T-shirts, there's always a risk of legal challenges, especially from a litigious figure like Trump.

Be prepared for potential cease and desist letters or other legal actions, even if your use is likely protected.

Recommendations:

Use original artwork or properly licensed images.

Avoid using any trademarked phrases or logos.

Consider incorporating clear political commentary or parody elements to strengthen fair use arguments.

Consult with a lawyer specializing in First Amendment and intellectual property law for specific guidance.

While selling T-shirts with Trump's image is likely protected under the First Amendment, it's not without legal risks. The specific design and context of your T-shirts will play a significant role in determining the level of legal protection they receive.

A: Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:

1. **Public Figures and First Amendment Rights**: In the U.S., using images of public figures, including elected officials like President Trump, is generally protected under the First Amendment. You can create and sell merchandise featuring his likeness, provided you are not infringing on any copyrights or trademarks.

2. **Copyright Issues**: If you are using a photograph or artwork of President Trump that is copyrighted (for example, a professional photo), you would need to obtain permission from the copyright holder to use that image on your T-shirts. However, if you create your own original artwork or use an image that is in the public domain, you should be in the clear.

3. **Trademark Considerations**: President Trump’s name and likeness may be subject to trademark protections, depending on how they are used. If you are using his likeness in a way that implies endorsement or affiliation with your product, you could face legal issues. Always avoid suggesting that your product is officially endorsed by him.

4. **Commercial Use**: If your T-shirts are being sold for commercial purposes, you need to be especially cautious about any implications of endorsement or affiliation. Consider how the images and text are used together.

5. **State Laws**: Be aware that some states have specific laws regarding the commercial use of a person's likeness, known as "right of publicity" laws. These laws can vary significantly by state, so it’s important to research your specific state’s regulations.

6. **Consult a Legal Professional**: Given the complexities of intellectual property law, it may be prudent to consult with a lawyer who specializes in copyright and trademark law before proceeding with your T-shirt sales. They can provide tailored advice based on your specific situation.

In summary, you can sell T-shirts with images of President Donald Trump, but you must ensure that you are not infringing on any copyrights or trademarks and that your use complies with applicable laws.

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