Originally Posted by MrsBoats
This (
http://www.tabberone.com/Trademarks/trademarks.shtml) is an interesting article on the ins and outs of trademark protection, and lack thereof. A lot of it boils down to the designers would like it to work like that, but don't have any legal standing. They DO have a lot of money, though, with which to hire bully lawyers to make it seem like they do.
[QUOTE=jaciqltznok;4706410]I wish people would STOP posting this site...it is so WRONG...and quite frankly SHE does not have the time, nor the money to research EVERY legal issue there is concerning the NEW copyright laws!
Jacquie, I have to ask you - what evidence can you present that the website is wrong? I just briefly searched the internet and find evidence that supports her claims. On the US Dept of Justice, Offices of the US Attorneys website I found: "The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & (c). Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction." I didn't see any NEW copyright laws although it does seem there is some discussion of change due to digital media. BUT that wouldn't change the above doctrine. When we buy fabric the copyright holder(fabric manufacturer or designer) no longer can tell us what to do with it. We have bought ownership of the fabric and we can sell, display or throw it away if we want and they have no recourse.
I think these fabric manufacturers, including licensed sports, etc are trying to intimidate people. There is a suggestion that you have a disclaimer for example, if you sell items made from licensed fabric so buyers are clear your item is not an official NFL item but your item made from fabric with an NFL design.
In friendship,