Can you get DMCA'd for using an IRL clothing design? (Taken from a smaller brand)

Help and Feedback Art Design Support
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#1

I apologize for (maybe((probably) using the incorrect category for this but I’m still fairly new here and figuring out how these things work. So, can you get DMCA’d for taking an IRL clothing design and applying it to roblox?

For example, you go onto an online clothing store. You see a sweater with no logos, no official branding, and nothing indicating that said brand owns it. It’s a small, unknown brand. You take it and format that sweater onto a clothing template and upload it to roblox. It’s monetizable.

If you do that, can the brand come and DMCA you? Does it depend on the brand’s copyright label, or the Roblox version’s monetization?

This is probably a stupid question but I’m legitimately curious if this has happened to anyone, because these are all brands that have not had any sort of partnership with Roblox. I’ve been doing this exact thing for 2 years now and I’ve been completely untouched. I’ve known about this happening with big brands like Adidas and Nike but I’m wondering if this can happen with much smaller brands as well.

#2

Not a legal expert, but from my own experience with countless DMCA strikes, taking someone elses IP (in this case the design) and profiting off of it could lead to a DMCA. The law is very vague here and you’ll just need to assess the risk factors by yourself. Alternatively, you could try and contact them via mail and ask them for permission.
Hope this helped a little bit.

#3

it doesnt matter who you take it from, a bigger corporation or a smaller business, if you dont have legal rights to the thing you cannot take it. Legal facts yo (ofc only if they have a copyright on it and its their property ig. Im not a lawyer but I do know that)