NOT FOR COMMERCIAL USE printed on selvage of fabric?
11-21-2011, 01:55 PM
#101
Member
Join Date: Jan 2010
Location: western Ky
Posts: 63
What is the matter with these people? Most people know that most people don't make their own fabric. Thats like saying when you buy your car you can't sell it or trade in at an other dealership. I think if I buy it's mine to do with as I please.
11-21-2011, 02:40 PM
#103
Super Member
Join Date: Mar 2010
Location: So. Fla now, Va orig
Posts: 1,565
I just purchased some Christmas fabric that had that printed on the selvedge, fortunately it was for gifts, but, if it say that on the selvedge, you don't want an opportunist to come after you, and that is what I think when people restrict the end use of their fabric, in the future I won't purchase any fabric so marked!
11-21-2011, 02:48 PM
#104
Super Member
Join Date: Mar 2010
Location: So. Fla now, Va orig
Posts: 1,565
On further thought, there are more than a few software companies that sell embroidery designs downloadable or on cds and the majority of them limit your usage of their designs to personal use only, and NOT for resale in any product you may make whether its is 1 or 1000! I do not buy their designs.
11-21-2011, 09:32 PM
#105
Super Member
Join Date: Jan 2011
Location: montana
Posts: 1,362
Thank you. I may not mass produce quilts but I sell most of what I make. I do know if I do an original piece of art it can not be copied, which is a different issue from fabric.
1. People doing "all out" commercial projects are not going to Hancocks to purchase 100% cotton fabric. Which as we all know wrinkles a lot.
2. There is NOTHING in federal law that states a restriction on the selvage of the fabric means anything to the purchaser. Actually there is There is something called equitable servitude in the law.
Attaching a fair condition to use can only be done with the consent of both parties in writing.
If the manufacturers want to enforce something they have to get you to sign something when you purchase the fabric.
Couple of court cases
Precious Moments v La Infantil, 971 F. Supp. 66 (D.P.R. 1997). Precious Moments sues to stop La Infantil from making and selling bedding from copyrighted, licensed fabric. Court ruled bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works, Court did require La Infantil to attach a notice with a disclaimer. Precious Moments lost because of the First Sale Doctrine.
Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960. Vera markets a line of women's products and accessories. American Handbags began using her towels with her logos on them to make handbags. Vera sued. The court dismissed her claims but did require American Handbags to include a better disclaimer.
2. There is NOTHING in federal law that states a restriction on the selvage of the fabric means anything to the purchaser. Actually there is There is something called equitable servitude in the law.
Attaching a fair condition to use can only be done with the consent of both parties in writing.
If the manufacturers want to enforce something they have to get you to sign something when you purchase the fabric.
Couple of court cases
Precious Moments v La Infantil, 971 F. Supp. 66 (D.P.R. 1997). Precious Moments sues to stop La Infantil from making and selling bedding from copyrighted, licensed fabric. Court ruled bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works, Court did require La Infantil to attach a notice with a disclaimer. Precious Moments lost because of the First Sale Doctrine.
Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960. Vera markets a line of women's products and accessories. American Handbags began using her towels with her logos on them to make handbags. Vera sued. The court dismissed her claims but did require American Handbags to include a better disclaimer.
11-21-2011, 09:59 PM
#106
Super Member
Join Date: May 2007
Location: Illinois
Posts: 3,474
i tried to but some St. louis cardinal fabric a couple years ago and i was told it was not for sale anymore because people were making shirts from the fabic and selling them with the cardinal logo and the company was upset about it so they quit making the fabric to be sold in store to prevent what was happening
11-22-2011, 04:29 AM
#107
Super Member
Join Date: May 2010
Location: MA
Posts: 1,507
Apparently there is a lawsuit in progress where fabric was used (not logo fabric) to design a quilt pattern. Not very much is being published about it yet, but it has caused quite a stir.
11-22-2011, 04:37 AM
#108
Junior Member
Join Date: Jul 2011
Location: Texas
Posts: 156
Question!? So you yourself cannot buy the licensed fabric, make it into something to sell.
Can't your customer buy the fabric, and bring it to you, and ask you to make it into whatever they wish, and pay
You for your service?
Can't your customer buy the fabric, and bring it to you, and ask you to make it into whatever they wish, and pay
You for your service?
11-22-2011, 04:48 AM
#109
Super Member
Join Date: Jul 2010
Location: Richmond, NH
Posts: 1,092
so much to worry about if you sell items.
11-22-2011, 05:58 AM
#110
Member
Join Date: Jun 2010
Location: Ronceverte, WV
Posts: 22
Thanks for posting. A very interesting lead. While poking around the tabberone website found this. Not quite sure how to post a link but here is the url http://www.tabberone.com/Trademarks/...sclaimer.shtml
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