Intellectual Property (IP) & Trademark Policy

Last Updated: January, 2026

1. Introduction and Policy Statement

Custom Patches San Diego (“we,” “us,” or “our”) respects the intellectual property rights of others and expects our customers to do the same. As a custom manufacturing facility, we produce physical goods based on artwork, designs, and specifications provided to us by our clients.

We maintain a strict Zero-Tolerance Policy regarding the unauthorized reproduction of copyrighted material, trademarks, and registered logos. We are a legitimate manufacturing partner for brands, government entities, and organizations; we do not manufacture counterfeit goods, “bootleg” merchandise, or unauthorized replicas of major retail brands.

By submitting a design, logo, or artwork to Custom Patches San Diego for quotation or production, you are entering into a legal agreement regarding the ownership and usage rights of that intellectual property.

2. Customer Warranties and Representations

When you upload, email, or otherwise submit a design to us, you represent and warrant that:

  • A. Ownership: You are the legal owner of the copyright, trademark, or intellectual property rights to the design; OR
  • B. License: You have a valid, written license or express permission from the rights holder to reproduce the design on custom merchandise; OR
  • C. Public Domain: The design is strictly in the public domain and free of any copyright restrictions.

You further warrant that the production of your order will not infringe upon the rights of any third party, including but not limited to copyright, trademark, trade dress, right of publicity, or moral rights.

3. Our Right to Refuse Orders (The “Anti-Counterfeit” Clause)

We reserve the right to refuse any order, at any stage of the production process, that appears to be an unauthorized infringement of intellectual property rights.

Common examples of orders we will reject include, but are not limited to:

  • Major Sportswear Brands: Nike (Swoosh), Adidas, Jordan, etc., without official licensing documentation.
  • Entertainment Franchises: Disney, Marvel, Star Wars, Pokemon, Anime characters, or video game logos.
  • Luxury Brands: Gucci, Louis Vuitton, Rolex, etc.
  • Official Government Seals: We strictly adhere to laws regarding the reproduction of protected government seals (e.g., the FBI, CIA, or specific protected Military seals) unless the order originates from an official .gov or .mil email address or verified government purchase order.

If your order is flagged by our Production Team for potential infringement, we will place the order on hold and request Proof of Rights. This may include a licensing agreement, a letter of authorization on company letterhead, or proof of trademark ownership. If you cannot provide this proof, your order will be cancelled.

4. Indemnification

This is a critical term of our service. By submitting artwork to Custom Patches San Diego, you agree to assume full legal liability for the production of that artwork.

You agree to indemnify, defend, and hold harmless Custom Patches San Diego, its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Any claim that the artwork you submitted infringes upon the copyright, trademark, or intellectual property rights of a third party.
  • Any claim that the production or sale of the goods violates any applicable laws or regulations.

In Simple Terms: If a third party sues Custom Patches San Diego because we manufactured a design you told us you owned (but didn’t), you agree to pay for our legal defense and any damages awarded.

5. Ownership of Manufacturing Assets (Molds & Digitizing)

It is important to distinguish between the Artwork (which you own) and the Manufacturing Assets (which we create).

Your Artwork: You retain full ownership of the original logo or design you submit to us. We claim no ownership over your brand identity.

Digitizing Files & Molds: The digitized embroidery files (.DST, .EMB), vector production files, metal molds for PVC, and brass dies for leather embossing are manufacturing tools created by our team. These assets remain the property of Custom Patches San Diego.

Usage: We store these files to facilitate easy re-orders for you.

Transfer: If you wish to purchase the source digitizing file or the physical metal mold, a “Release Fee” may apply. We do not automatically release source manufacturing files with standard orders.

6. Marketing and Portfolio Rights

We take pride in the craftsmanship of the goods we manufacture. Unless you strictly request a Non-Disclosure Agreement (NDA) prior to production, Custom Patches San Diego reserves the right to:

  • Photograph the finished patches.
  • Display these photographs in our online galleries, social media channels, and marketing materials as examples of our manufacturing capabilities.
  • Display the physical samples in our showroom or trade show booths.

We do not sell overruns of your custom patches to third parties. These rights are strictly for the purpose of demonstrating our portfolio. If you require strict confidentiality (e.g., for unreleased products or sensitive military operations), please contact us to sign a standard NDA before submitting your art.

7. DMCA Notice & Takedown Procedure

If you are a copyright owner or an agent thereof and believe that any content on our website (including our sample gallery) infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”).

Please send a written notice to our designated Copyright Agent at [email protected] including the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and where it is located on our website (URL).
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid DMCA notice, we will remove the infringing material from our website immediately.

8. Contact Us

For any questions regarding intellectual property, licensing requirements, or to submit a proof of rights for your order, please contact our team:

Custom Patches San Diego
Email: [email protected]
Subject Line: IP Compliance Team