Originally Posted by ReeneeD
Were you referring to the pattern of the fabric only? What about the quilt pattern?
These were not quilts but the principle is the same. The manufacturer cannot control the use of the fabric once it has been released into the stream of commerce. However, it is best to use what I call a Tabberone Disclaimer where you clearly and prominently display that the item is not licensed, etc. I have it on my web site and anyone is free to copy the wording.
As the lawyer for Major League Baseball argued, there is a difference between a "red light" and "light red". Calling the item a "Disney Quilt" is not acceptable while calling it a "Quilt made from licensed Disney fabric" is. The wording becomes important so people are not likely to be confused.
As for patterns, once the pattern manufacturer has sold you the pattern, absent a written contract, it is yours to use as you wish. Selling you the pattern is also giving you implied license to make the item from the pattern. There is nothing in the law that gives the pattern manufacturer the right to control what you do with the end product. The Supreme Court settled that issue in 1879.
Likewise, any design in the pattern has transferred to you by sale. That does not mean you have the right to use that design on other products but only for the item made from the pattern. Nor do you have the right to copy and sell, or give away, the pattern.