Clothing Brand Startup: Legal Essentials Before You Launch
You’ve planned the drop for months (or years). You’ve lined up models, picked out specific pieces, prepped the promo. But before you release your next collection, take a moment, because if you’re not handling the legal side of creating your brand, you’re dropping more than merch... you’re dropping the ball.
Too many new clothing brands in NY and beyond are operating as sole proprietors, without contracts, business formations, trademarks, or any IP protection. Yes, you’re hustling, but are you really running a legit business? Every drop is a business transaction, and each one deserves real legal structure.
Here’s What Most Clothing Brands Overlook
No business registration. If you're selling clothes under a name and accepting payments, you’re running a business. Without an LLC or other formation, you're personally liable if anything goes wrong.
No contracts with collaborators. You need contracts with every one that you work with, including your photographers, designers, stylists, printers. Verbal agreements don’t cut it!
No designs protection. That’s your artwork on your hoodie? If it’s not copyrighted, someone can steal it.
No trademark protection. That’s your brand that everyone is starting to recognize? Your brand name could get taken, leaving you with little to no legal rights to fight back.
Real-Life Example
Supreme, the iconic New York streetwear brand, learned the hard way what can happen when a business doesn’t secure its trademark early. Despite massive popularity in the U.S., Supreme failed to register its name internationally. As a result, an Italian company legally trademarked “Supreme” in Europe and opened multiple stores selling knockoff products and they were completely within their legal rights. Supreme spent years and significant legal fees trying to reclaim its brand overseas. This underscores a crucial lesson: if you don’t protect your brand from the start, someone else can and might, legally take it.
Checklist: Legal Prep Before a Drop
Form your LLC or business entity.
Trademark your brand name, logo, and collection name.
Copyright any original graphics, prints, or packaging.
Use written contracts with all creative collaborators.
Review sales policies, return terms, and licensing rights.
How Attorneys Can Help
We partner with emerging fashion creatives to set up their legal framework before the collection goes live. From business formation to custom contracts and trademark filings, we’ve got the behind-the-scenes legal covered.
Conclusion
A strong drop doesn’t just need great design and hype, it needs protection. If you’re treating your brand like a business, the law should be part of the plan. Protect your drop, your brand, and your future.
Ready to get started? Spring Up Legal is here to make your next drop the most legit one yet.
