Legal Question in Business Law in New York

Using Actual Events

I am starting a business branding idea for my (sole-proprietorship) online clothing store. i am using a murderer as a mascot and spinning it in a way where it is darkly comedic. my target audience is sure to get the joke, but i am worried about those who may find it offensive. i am assuming i can't use any real names. but i am worrying about being sued for using a true story, or being sued for possible offending somebody. what are my restrictions and where are my guidelines? also, what kind of lawyer would normally handle this sort of issue? any help is appreciated.


Asked on 10/28/07, 7:51 pm

2 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: Using Actual Events

You need a corporate, constitutional, advertising and intellectual property lawyer

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Answered on 10/29/07, 10:05 am
John Friedman Law Office of John K. Friedman

Re: Using Actual Events

As the previous answering attorney points out, your plan implicates a laundry-list of legal issues dealing w/ trademark, copyright, rights of publicity, etc. You may anger some potential customers but they won't become customers and, unless they have some interest (legitimate interest) in the images/names you use, you shouldn't be too concerned about them. But the issues mentioned first above are very complex and the penalties -- from being shut-down, bankrupted and jailed -- are quite severe. You are strongly urged to contact an experienced corporate attorney with an understanding of the issues. My firm specializes in corporate law with a focus on technology based companies (such as what you are planning). If you'd like to discuss these issues feel free to call the office at 212.366.1324. We'd be happy to provide you any assistance we can.

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Answered on 10/29/07, 11:18 am


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