Trademark, Copyright for California State Seal

I'm a bit confused by your question - do you want to use the elements of the California state seal or the state seal itself?

The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. For the that reason Laura notes, it's unclear what you intend to do with the California State Seal. Regardless, the State Seal is NOT "in the public domain." It is, of course, in the public domain in the sense that it is owned by the public. But it is not "in the public domain" in the way that you mean it, i.e., can anyone put it on a product and then sell the product. I think the short answer is "no," you cannot sell clothes that show the State Seal w/o first receiving permission from the State. A patchwork of California laws exist that, cumulatively, proscribe the use of the State Seal by everyone except the State. If you're interested some of them are: Bus. & Prof. Code §§ 14205 and 17533.6 and Penal Code §§ 472 and 538g(b). If you are dead set on putting the State Seal on clothing and then selling the clothing then you and your own attorney need to evaluate at least these statutes. You may, however, lawfully sell clothes that show a parody of the State Seal. If you chose to do so, again, you need to speak with your own attorney because parody and First Amendment defenses to the claims that can be brought under the above statutes (two of which are criminal) will be quite nuanced and involve serious consideration.

The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. The separate elements of the California State Seal (the bear, ships, warrior, lake, mountains, etc.) can lawfully be used by anyone to create a work of art -- and that art can then be sold either alone or if attached to clothing. The State Seal is at http://bit.ly/14a0jE The issue, however, that you and your own attorney will have to address is whether your particular work of art is "substantially similar" to the State Seal such that your work infringes the State's copyright in its Seal. If no, you do not have a problem. If yes, you will. In addition, if the clothes on which your design is shown is likely to confuse clothes-purchasers into falsely believing that the State of California is the source of those clothes or somehow sponsors or endorses their sale or is affiliated with you, then you will also have a trademark problem. Here's an example of when there would be no problem. http://bit.ly/K44J This is a paradigmatic fair use of the State Seal. The creator, and only the creator, of this parody work can sell this version of the State Seal w/o restriction. There must be examples of other creators using various elements from the State Seal to create original works but I don't know of any offhand. In short, you need to discuss your particular design with an intellectual property attorney to decide whether it would be lawful for you to sell clothes showing that design.

Mr. Ballard has given you an excellent analysis - you really need to confer with an attorney who understands intellectual property law before you proceed.

Mr. Ballard has given you an excellent analysis - you really need to confer with an attorney who understands intellectual property law before you proceed.