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Old 04-14-2012, 05:25 PM
  #14  
tabberone
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Join Date: Aug 2009
Location: Hartsel, Colorado
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Sure you can sell the items, you just can't title them in such a way as to confuse the public into thinking they are licensed items. And you should always include a disclaimer.

"they take your stuff" - where does that statement come from?

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.

And read here:

http://www.tabberone.com/Trademarks/.../Schools.shtml
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