# What legal obstacles do I need to go through?



## HockeyTruths (Jun 7, 2011)

I'm an inspiring t-shirt designer. Me and my friend have put together some designs and a business plan for a website that sells hockey t-shirts like funny hockey slogans and sayings.We are planning on using Printfection but we are worried we need stuff done legally like copyrights and trademarks. Were high schoolers and we dont have much money and we just want this as a fun job just to make a little bit of cash on the side but we are going to take it very seriously. We understand were not gonna become a success immediately but we want to try it out. So I am asking you guys because I want to know what you guys did to get it all started. Thanks guys!


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## kimura-mma (Jul 26, 2008)

If you have a brand name or logo, you can register it with the US Trademark Office. It costs $325 to file an application, but this will give you protection of your brand name or logo in the event that someone infringes on it. But beware that you will need to incur legal fees to bring action against infringement.

If you don't want to spend the money, you can actually rely on common law trademark. As you sell product featuring your mark, you gain limited protection rights. You can apply these rights in the event of infringement. But again, you would incur legal costs to take action.

If you want to protect your t-shirt designs, you can register them with the US Copyright Office. It costs $35 per submission, but you can actually create a book of designs so that you can protect all of your designs under one submission and payment.

Technically, copyright exists the moment your design is in fixed form. So registering your designs is not a requirement. But it does make it easier to prove in court that the design is originally yours. A good thing to understand about copyrighted works are that only the specific representation of your design is protected, no the theme, idea or concept. This means someone can design something similar and it may not necessarily infringe on your design.

And finally, keep in mind that copyrights and trademarks go both ways. If any of your designs feature an NHL logo or player image, you would be infringing on their IP.

Hope this helps and good luck!


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## HockeyTruths (Jun 7, 2011)

So basically if I wanted to start right now I don't need any legal requirements unless I wanted to protect my name and design 100%?


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## charles95405 (Feb 1, 2007)

since you are high schoolers...you cannot legally enter into a contract...so you might what to have your parents get involved to start. I would not bother with the trademark/copyright issue now....but to sell the items legally, you will need to get a business license from the local government...city or county...and if your state has a sales tax, you will need to get a sales permit. If you are selling under other than your name, you should get a DBA...doing business as...and filed with your local county if appropriate. Be cautious about setting up business in a residence. Some cities frown on this


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## HockeyTruths (Jun 7, 2011)

Charles as I stated earlier we plan on using Printfection which is another CafePress Zazzle etc. Do I still need what you stated or no since its through another company.


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## kimura-mma (Jul 26, 2008)

You still need to register your business and get the proper re-sale permits. If you are selling a product, you need to collect and report sales tax.


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## HockeyTruths (Jun 7, 2011)

How do we register? What is the fee?


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## charles95405 (Feb 1, 2007)

how you register and the fee depends on your location...state/city...etc


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## HockeyTruths (Jun 7, 2011)

is there any consequences if I don't register at the time of the launch of our site and rather at a later date depending if we are making a profit?


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## kimura-mma (Jul 26, 2008)

HockeyTruths said:


> How do we register? What is the fee?


Do a google search for "starting a business in (your state)." You should find government resources and sites that have downloadable forms with all the info and fees that you need to get started.



HockeyTruths said:


> is there any consequences if I don't register at the time of the launch of our site and rather at a later date depending if we are making a profit?


Tax fraud, I guess.

But more importantly, it will save you money when you buy blank shirts and other supplies. As a reseller, you don't want to pay tax when you purchase inventory. You need a registered business and proper identification to do this.


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## ishredbanez (May 14, 2011)

So if you are a registered business and going through a printshop, should you still let the shop get your tees? Or as a registered business could you be still good in most cases getting them?


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## kimura-mma (Jul 26, 2008)

ishredbanez said:


> So if you are a registered business and going through a printshop, should you still let the shop get your tees? Or as a registered business could you be still good in most cases getting them?


As a registered business, you could do either one. It really depends on what your buying volume is and which scenario offers the better pricing.

You seem to be a bit stuck on this topic. Having read several of your threads, I would recommend letting the print shop source your blanks.

Is there a particular reason you prefer to source your own blanks?


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## ishredbanez (May 14, 2011)

Yes, if it is a better deal for us. In one case, if we went with Anvil, it most likely would. But we may go with Next Level and have a price point of around 15...


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## kimura-mma (Jul 26, 2008)

When comparing prices between sourcing your own blanks and sourcing through the print shop, make sure you include the cost of drop shipping the blanks. And some print shops will charge higher prices for printing on customer supplied blanks. And you also need to order a few extras since the print shop probably won't replace any shirts that get misprinted. Add all that up and it may not equal the savings you think you're getting.


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## ishredbanez (May 14, 2011)

Free shipping would be good, I see some sites offer that. But you can get anvil 980s for 3.12 or so (probably even less) and the shop would charge maybe 6-7 for the quantity we wanted to do


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## kimura-mma (Jul 26, 2008)

Sounds like you're getting a great deal. I guess you have your answer now.


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## ishredbanez (May 14, 2011)

However, if we don't go anvil (next level is better?) then we won't buy our own blanks


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