Q: Can I change wording on a brand's logo for apparel I sell?

A: Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.

A: Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal consequences. Video answer here: https://www.youtube.com/@UJUEducation

A trademark protects brand names, logos, slogans, and other identifiers that distinguish a company’s goods or services. If your modified logo resembles a well-known brand’s logo in terms of style, font, color, or layout, it could still create consumer confusion. This confusion could lead people to believe that your apparel is affiliated with, endorsed by, or produced by the original brand, which constitutes "trademark infringement".

Courts assess trademark infringement based on the “likelihood of confusion” test, considering factors such as:

1. Similarity of the marks – If your version maintains a distinctive look similar to the original logo, it may be infringing even if the wording is different.

2. Strength of the original brand – Famous brands like Nike, Adidas, or Gucci have strong trademark protections and aggressively enforce them.

3. Similarity of the products – Since both your apparel and the brand’s merchandise fall under the same category, the likelihood of confusion increases.

4. Consumer perception – If consumers might assume a connection between your product and the brand, it can be deemed infringing.

Brands often take legal action against unauthorized uses, leading to cease-and-desist letters, lawsuits, and financial damages.

Best Practices to Avoid Legal Issues

- Create an entirely original design that does not resemble an existing logo.

- Ensure your branding is distinctive and does not imply affiliation with a well-known brand.

- Consult an intellectual property attorney before using any designs inspired by existing brands.

Simply changing the wording while keeping the recognizable aspects of a brand’s logo is likely to lead to legal trouble. To avoid potential lawsuits, it’s best to create unique branding for your apparel rather than modifying an existing logo.

A: Using a brand's logo with modified wording on apparel you're selling could lead to legal trouble. Even if you change just the wording and leave the design elements intact, you risk violating trademark laws. Trademark protection covers both visual design elements and the overall impression of a logo, including distinctive colors, shapes, or fonts.

If consumers could easily mistake your apparel for products associated with the original brand, the brand may have grounds for legal action based on trademark infringement or dilution. Changing only the text may not sufficiently protect you because courts often consider whether your use could confuse or deceive consumers regarding the source or endorsement of your products.

To avoid potential legal issues, consider creating an original logo inspired by—but clearly distinct from—the established brand's logo. Doing this can help you maintain creativity without infringing on protected intellectual property. It's also wise to consult an attorney familiar with trademark law before proceeding, to ensure your products won't unintentionally cross any legal boundaries.