what do you do if
 

you see a quilt for sale at a craft show and you happen to know that the designer has stated, on the pattern, that the quilt cannot be sold? I saw this and just didn't know what to do so I did nothing. But, obviously, I still wonder what I should have done?

I don't know what I would do, but I guess it depends on the quilt- is it obvious that it's someone's pattern- I mean is it applique or something intricate? Or is it a simple geometric design or "vintage" blocks that have been around for ages and someone happened to publish a pattern using them? If it's the latter I wouldn't assume that they used a pattern, but may have come up with it themselves. If it's the former, I don't know what I would do. Maybe ask them about it, about the designer, etc. There may be special circumstances, maybe they got permission if they are raising money for a charity, etc. If they seem shifty about it, I would maybe try to get the name of the shop and a surreptitious photo or something to pass along to the designer and let them know about it so they can decide what to do.

nah, it was definitely a pattern by a designer whose patterns I love.

You shouldn't do anything. To start with a designer does not have the right to say what can and can't be done with someone else's work. No matter what they might try and tell you there is nothing in any law that says they can maintain control over someone else's work. Unless that was a stolen quilt actually made by the designer then you shouldn't do anything.

so, scissor queen, you're saying that my work is my work and I can sell it even if the designer states otherwise on her pattern?? that seems counter-intuitive to me but I do like the answer. I have also seen patterns where the designer says only 10 (for example) can be sold and if you want to sell more, you need to contact the designer for permission. I tend always to do what they say (I may be oppositional, but am ultimately compliant --8^D )

I agree completely. Recent litigation on this issue has been on the side of the person who purchased the pattern.

actually, that is what I did. I walked by her booth,noted the work, and kept walking. But, as you see, I've wondered...

Maybe the original purchaser of the pattern made the quilt and gave it away. The recipient has NO contact, commercial or otherwise, with the designer. Maybe they didn't even know it was a designer pattern. Sort of like the knockoffs of designer handbags. The feds will arrest anyone selling the bags but won't prosecute anyone who just owns one.

She is so Right!
there is a site called Tabberone's, they have faught against all the Big large guys for this very reason, they have won them all also. The large companies say this all the time but the way the USA laws work, once it is put into production, the seller looses all control... they can yell and start a sceen, but they will not be backed up by the laws.


here is the website! this is a great read..
ww.tabberone.com/Trademarks/trademarks.shtml