Places like custom ink make it clear they are not liable for any laws broken(they pass the buck) meaning that if you make something that's protected then they will go after you not ink
However they will only do that if you are trying to make a profit off it and even then You have to be generating a lot of profit for them to notice (or someone reports you)
English
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So basically its like any law, it may be illegal, but only matters if they catch you ;)
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Well it's not illegal if you want one made to wear It's illegal if you want to make a profit That's America law in a nutshell: no profit all ok, profit? You owe somebody
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Not just American law, but mostly any country with copyright laws.