cheezythequiltmaker

There are some very separate issues here:
Copying physical patterns and selling the copies - Cleary infringes copyright and is wrong, don't do it.
Selling a pattern or claiming it as your own. (similar to above if you are making copies but if you claim for something that isn't your own that is also clearly Theft.)
Selling a pattern your wrote yourself of a design you made up yourself or is "public domain" like geometric quilt blocks. Appliqués etc you have drawn yourself are clearly going to be original unless you have copied/ traced them so this is clearly okay. If you draw a recognisable character (such as a cartoon) then you may be infringing a trademark, but only if you try selling it as your own or claim it is official in some way.

Re-selling a pattern you bought in its complete and unaltered ( although not necessarily unused!) form so that the original designer has the credit. You paid them in the first place so you are just de-cluttering!

Using trademarked logo'd fabrics to make things for your friends/ family not for sale - clearly okay
Using trademarked fabrics and selling items you made from them for profit - clearly a very large grey area. I think most people can agree that if you made an item say a specific tote bag from two fabrics, both fabrics cost the same. one is a trademarked motif fabric and one isn't, both bags are sold for the same price you cannot be seen to be profiteering from the trademarked motifs. You are selling a bag you made and the fabric is not affecting the price. If the trademarked fabric cost more than regular and you charged more you are reflecting the cost in materials again your profit margin is for your work/ labour. If you sell the trademarked one for more just because of the motifs then you step in to a grey area which is hotly debated.

Selling an item you have made from a pattern.... As long as the maker admits that the pattern is not their own design and that is it from X pattern by so and so I cannot see what the problem is. The cost of the pattern is a drop in the ocean compared to the other costs of making a quilt. Fabrics, thread wadding and TIME. I think the insertion of the words not for commercial manufacture is aimed at the big manufacturers who would make thousands of an item to sell. The designers are trying to protect their income and the work that they put into producing the pattern.

I teach and I make up my own patterns and worksheets and I have a phrase that these are only for the personal use of the person attending class and may not be copied, loaned or otherwise distributed without permission. this is because I don't want one person coming to a class and doing the class then taking my worksheets and handouts away and copying them to give to a group of friends so they don't have to come to the class or buy the pattern themselves. Teaching classes is how I earn my living and so I feel that the time and effort that has gone into the handouts and patterns should be protected or at least valued. I say to all my students that if a friend likes the pattern I would be happy to sell them one, or I would be happy to go to groups to teach the class. I am saying, please don't steal from me.

There are a lot of patterns out there available for free and some have conditions attached. Free patterns even on pay for some patterns websites usually have some limitations on them. however, i have to say that I have been blessed with the generosity of the quilting ( and jewellery making) communities. Each time I have seen no note of if the pattern can be used for teaching, I have contacted the designer and asked. And I have never been refused. Usually the conditions are very simple and common sense / due politeness.
-Give credit for the original design
- Do not alter the original pattern itself or instructions.
-State the original source - refer to the designers website where people can get more cool stuff(free and paid for)
-Share images of the work produced with the designer.
-Share any supplemental information (for example I used a you tube video for a crystal weaving project and wrote my own set of written step by steps to assist in the classroom. the designer asked for a copy so she could post those up with the video for the benefit of others and I was happy to agree.)
-If it is a paid for pattern that each student has their own copy of the pattern/book. (Bethany S Reynolds has that caveat in her books and others do too so you don't need to even ask).

As for the original posters dilemma, it would depend on the design and what the person selling the item said about the item itself. If she had claimed it as her own design I may have innocently mentioned I had seen it somewhere before, because you know what, the person selling the quilt at the fair in front of you could have had their design stolen too!!! but it isn't for us seeing the item to sort it out it is up to the designer. If you think something is hinky then you may wish to take a business card and give the information to the person whose design you think has been "stolen" and it is up to them to legally sort it out.

the difference boils down to what you consider theft and stealing and sharing.
Theft is taking without permission.
Sharing is giving and receiving with permission.

Theft bad, Sharing Good
Ask nicely and most often you shall receive in return.

becks