Sacramento, CA asked in Copyright and Trademark for California

Q: Can I use "We the people" in an original design

it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing permission.

However, be mindful of using the original font or style from the Constitution. While the text is public domain, the specific calligraphy or design elements could be considered artistic expressions that are less clearly protected. It's usually safe, but modifying the font slightly or incorporating other unique design elements might help avoid any potential issues.

Lastly, be cautious if your design resembles or overlaps with existing trademarks, particularly if your t-shirt is intended for commercial use. Even common phrases can be trademarked when used in a specific context, such as apparel. To avoid problems, conduct a trademark search or consult with a professional for a more thorough check.

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