Originally Posted by
tabberone
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
Tabber, that is GREAT information, and I will be honored to pass it on whenever I see this discussion come up. I long suspected that many people on this board were passing on erroneous information about the right to sell or display items you make from purchased fabrics and patterns. Some designers think they own it all..... This certainly makes the point extremely clear. They own the pattern, not what you make from it. Thanks for this post. I will be saving it to pass on to others.