Q: Can I sell hoodies with animated design of Donald Trump with lines like The Final Boss, The Last Emperor nd not his name
I am based in India and I wanna create and sell Trump merch to Americans as people will buy a lot of it due to upcoming elections. I am not gonna use any of his real existing images from anywhere nor am I gonna use his name anywhere on the merch and in marketing on tiktok, Instagram and Facebook. I am gonna create my own design and lines like The Final Boss, The Last Emperor, Because Every Chaos Needs A Hero, The Nostalgic Return and few more like this. It's gonna be a pure black hoodie with my own made animated Trump face designs like a powerful character and a boss and above the design will be any of the one liners I mentioned above. I am gonna get them manufactured in India and ship it to the USA. I am gonna market the Merch on Tiktok, Instagram and Facebook and paid ads. I really need to know if it's totally safe cuz I don't wanna get sued or arrested. Also, if anything wrong with this then what can I alter in this to make it legal?
Appreciate you for your time and help!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Selling hoodies with animated designs of Donald Trump, even without using his name or real images, involves potential legal risks. The design you described might still be seen as a likeness or caricature of Trump. In the United States, individuals have the "right of publicity," which allows them to control the commercial use of their name, image, and likeness. Using a recognizable animated design of Trump might be considered a violation of his right of publicity, especially if it suggests endorsement or is being sold for profit.
Moreover, if the design or text implies a political message, you could face challenges related to defamation or trademark issues, depending on how it's perceived. Even without directly naming him, recognizable features or depictions could lead to legal disputes, especially if they are deemed to mislead, defame, or otherwise harm someone's reputation or brand. Given the nature of Trump's prominence in American politics, he or his representatives may take legal action if they believe their rights are infringed upon.
To minimize risk, consider creating designs that are more abstract or generalized, without directly referencing Trump's identifiable traits or using lines that could imply a specific association. It would be wise to consult with a legal professional who understands intellectual property law in both India and the United States to better understand the complexities involved and make sure your business remains within legal boundaries.
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.
