When using the design elements of well-known brands to sell homemade goods, legal risks mainly involve the infringement of intellectual property rights (such as trademarks, copyrights, design patents, etc.). To avoid risks, we need to strictly abide by relevant laws and adopt the following strategies： --- ### **1. Completely avoid direct copying or imitation** - **Trademark infringement**: Trademarks of well-known brands (such as LOGOS, brand names, specific colors or fonts) may not be used. Even minor modifications (such as adjusting colors and alphabetical order) may constitute infringement, especially when it may cause confusion among consumers. -**Copyright infringement**: Avoid directly copying the original pattern, illustration, packaging design or product modeling of the brand. Even if the trademark is not used, the unique design may be protected by copyright. -**Appearance patents**: The unique appearance of certain products (such as Coca-Cola bottles) may be protected by patents, and imitation may be sued. --- ### **2. Limitations of Fair Use** -Fair use is usually limited to non-commercial purposes such as education, commentary, and news reports, and commercial sales are almost impossible to apply. For example： -Disney cartoon characters cannot be printed on goods for sale, even if they claim to be a "tribute”. -Cannot imitate the classic patterns of Louis Vuitton (LV) and claim to be a “source of inspiration”. --- ### **3. Circumvent infringement through “redesign”** -**Substantial differences**: Ensure that the design elements are significantly different from the original brand to avoid “the possibility of confusion”. For example： -If a brand uses stripes as its logo, you can use geometric patterns or completely different textures instead. -Avoid using the brand's iconic color combinations (such as Tiffany blue, Hermes orange). -**Originality**: Add your own creativity to make the design an independent work. For example, transform the minimalist style of a brand into a completely different theme design. --- ### **4. Use of public domain or authorized resources** -**Public domain materials**: Use designs that have passed the copyright protection period (such as classical art patterns). -**Purchase authorization**: Brand authorization (such as cooperative joint name) is obtained through formal channels, but the cost is higher and it is usually only applicable to large enterprises. -**Copyright-free material library**: Use materials that are not at risk of copyright (such as CC0 protocol images), but you need to confirm that they do not involve trademark elements. --- ### **5. Legal advice and risk assessment** -**Professional review**: Before the product goes on the market, ask an intellectual property lawyer to review the design to assess whether there is a possibility of infringement. -**Monitor market response**: If you receive a Warning letter (Cease and Desist Letter) from the brand, you should immediately remove the relevant products from the shelves and negotiate a settlement to avoid litigation. --- ### **6. Alternative: Establish your own brand** -Create a unique brand image through original design, which is more sustainable in the long run. For example： - Refer to fashion trends but not copy, and develop differentiated products. -Emphasize selling points such as ”handmade“ and ”niche design" to reduce dependence on well-known brands. --- ###**Summary: The balance between legality and creativity** The design elements of well-known brands are usually strictly protected by law, and the risk of direct use is extremely high. The safest strategy is to completely re-create or cooperate through legal authorization. If reference cannot be avoided, it is necessary to ensure that the design is significantly different at the legal level, and consult professional legal advice in advance.