Originally Posted by
jaciqltznok
with all due respect, this is NOT always the case. If that person sells a pattern for you to make her "doll" and says that you can not make that doll to sell, she is correct...IF the designer own the Pattent/Trademark for that "doll"!
When there is a Trademark/patent on the item, then yes, the designer can tell you that making replica's for sale is illegal!
jaciqltznok, you're confused about the issue here. You are well meaning and I know you're trying to help clear the confusion. I hope I can help! The ladies are having a conversation about copyrights. But when you join in to disagree with the ladies about 'oranges', you disagree, telling the ladies they can't do such and such with "apples". Let me see if I can simplify it... The ladies mention you can't put a rule on your pattern that says "you may squeeze this orange into only a yellow glass". You join in to disagree, saying "yes you can cut a apple on a cutting board." I hope this helps you see that the discussion about patents and trademarks (by the way, these are also entirely different things, you can't possibly compare either one of them to what you are allowed with a copyright) doesn't belong in a discussion about copyright issues. They are completely different. I hope this helps! I see you getting very frustrated and I'm hoping to help, not offend!
With patents, a patent holder would NEVER create directions for someone else to make something resembling their item. The patent protects and controls that only, for example, IBM can make such and such item. IBM would NEVER create instructions to teach someone else how to create their item.
With trademarks... these have NOTHING to do with paper directions of any kind. A trademark is a piece of artwork or logo or possibly a name. For example, the pantone color number for the brown UPS trucks is a trademark of UPS. No other company or person can use that exact color number for anything.
In other words... no sane designer would ever patent a doll or quilt pattern. And no sane designer would 'trademark a pattern to create a quilt or a doll. If they did, it would be impossible to sell to another person.
Again, I hope this helps.