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Thread: Licensing

  1. #1
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    If I buy material at JoAnn's that has logo's etc from the Yankees or Red Sox, am I able to sell the product I make from it? I was under the impression that JoAnn holds the licensing and therefor I should be able to. Anybody know?

  2. #2
    Senior Member MZStitch's Avatar
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    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!

  3. #3
    Super Member babyfireo4's Avatar
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    no clue but that's a good question! I'll be watching to :)

    hahaha well I guess now we know! wow your a fast typer MZstitch!!

  4. #4
    Super Member ckcowl's Avatar
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    no- you need to contact the "yankee's" or whom ever for permission- which is usually denied- Disney is the biggest for not allowing the sale of any Disney characters designed items. licensed fabrics are sold FOR PERSONAL USE ONLY- which means you can not sell anything made with them- and the fines are serious when you get caught- the license holders (ie- Disney, Yankee's ect) do prosecute- go after those fines.

  5. #5
    MTS
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    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Not quite.
    http://www.tabberone.com/Trademarks/...edFabric.shtml

  6. #6
    Super Member babyfireo4's Avatar
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    Wow, MTS that was very helpful, thanks for posting! It makes sense how it is explained!

  7. #7
    Super Member hobo2000's Avatar
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    Thank you MTS that opens the way to Cowboys and Redskin quilts, etc. I wil get the proper wording and attach the disclaimer to each product to protect myself. Thanks again!

  8. #8
    MTS
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    This is from a years ago - but it has some interesting examples of the "First Use Doctrine" - not just for fabric:
    http://answers.google.com/answers/threadview?id=398157

    Obviously, you have to use some common sense.

    Your should NOT state anywhere that it is an authentic Yankees product.

    You're using authentic licensed fabric - meaning you didn't go to Spoonflower and print out yards of the logo (although SF wouldn't allow you), or used photo fabric where you printed out images and logos.

    Now, if you're mass producing 1000's of these in China and trying to sell them on 161st St outside Yankee Stadium ;-) , it's a much bigger issue than if you're making stuff to sell to raise money for your Little League team.

    But check out the suggestions for labeling the product.

  9. #9
    Super Member merry's Avatar
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    My DD bought fabric by Quilted Treasures that states, "License is required for any use beyond personal consumption." Susie decided not to buy more fabric from QT because it seemed greedy to her. I agree. There are too many companies I can buy from that are satisfied with the profit made on the sale of their fabric.

  10. #10
    Super Member Chicca's Avatar
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    This was very informative and interesting. Thank you for sharing.

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