The SewItsForSale group at groups.yahoo.com has a list of embroidery designs that cannot be resold. It's quite complicated, as it depends on the company. If you join the group, you can access the list. Here is just a small excerpt from it indicating some of the items that cannot be resold:
Larger companies rules are following and unless otherwise stated can NOT be resold:*Adorable Designs/John Deer (must be in original packaging and must have not kept a copy for the sellers use)*Amazing Designs/Great Notions 3.0.0 version of Click and Stitch*Amazing Designs Software Edit n' Stitch, Digitize n' Stitch, Personalize n' Stitch all versions*Amazing Designs: Lettering Pro Smart Sizer Size Express Fast Fills*Any Amazing design product that was registered or licensed (this does NOT include stock design collections)</pre>