QUESTION
Could I face legal repercussions for selling t-shirts with a faux Keith Haring drawing?
Asked on Jul 19th, 2012 on Business Law - New York
More details to this question:
I am selling t-shirts with a Keith Hering-esque image. The drawing was not actually done by Haring (a friend drew it) but it is very similar and could easily be taken for one of his works (and that''s the point of the shirt). Could I face any infringements upon his estate?
1 ANSWER
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The answer is that it is possible that you could "face legal repercussions" for distributing this shirt, although you would need to visit with an attorney to receive more complete advice. In general, the law of trademark prohibits using certain distinctive images that are likely to cause an appreciable number of ordinary consumers to be confused regarding the origin or sponsorship of your work. You may run afoul of this principle. See an attorney.
Answered on Jul 20th, 2012 at 10:33 AM