using branded clothing in pictures on my website

[ryank60600]

Hello,

I'm getting a photoshoot done for my website that i'm creating (selling nutrition coaching and courses), I'm based in the U.K. I was wondering if i can have pictures of myself on my website wearing branded clothes like Nike? I wasn't sure if this would create copyright issues? Would highly appreciate if you could offer some advice, thanks.

[AndyJ]

Hi ryank,

There are no copyright implications with what you want to do. Clothing will only rarely be subject to copyright*, and mass-produced garments or footwear certainly won't. The part of intellectual property law that you may need to consider is trade mark law. Nike logos are all registered trade marks so you need to take this into account when advertising your site and the courses you run. There is nothing at all to stop you wearing any branded clothing, as long as there is no suggestion that Nike is somehow linked to your site or to any of your courses or products. So for instance wearing Nike (or any similar brand) in order that your site is seen as representing good health, fitness and well-being in general, would be fine, but don't use any of their logos which are not on the actual clothing as this might suggest that they endorse or support your business.

*The sort of clothing which might attract copyright will be very high end, usually one-off, items of haute couture and some hand made items. The latter may qualify as works of artistic craftmanship.

[ryank60600]

Thank you for your helpful response Andy, much appreciated