So I was going to design some neckties and then get them produced but then I found out that the company also has designs that I was going to give them. The only thing is that they got the designs from another designer. So would it be appropriate to use these designs? Also, we will be using our own brand name.
Answer1:If the designs are not yours, then you cant use them and sell the product unless you have permission from the designer or whomever owns the rights to the designs. Thats IF they are original artwork. You cant copyright certain patterns--or logos--or anything using a trademark.Example: if the company has a design that is simple red and white stripes, you can use that, because it is not a "copyrighted" design--nor could that be copyrighted. However, if you have a design incorporating the T.G.I.Fridays sign (red and white stripes, but with the restaurant trademark design,) then you cant use that because it belongs to the restaurant.If the designs were submitted by a designer who attached his or her name to the "line" of neckties, you cannot use those for your designs, but there is nothing that says you cant do something very similiar.
Answer2:No! Do not use someone elses designs without obtaining a commercial license to use them and paying them a royalty based on sales. Those designs are protected by copyright laws (and may have additional protections as well, such as patents). If you use them without permission and payment, you can be sued for every last cent you have and then some, or go to prison.Either negotiate a commercial contract or license to market these designs with their designer or else invent your own.