Originally Posted by spstout

I swore I would never get into one of these debates again, but I have to jump into this one just to say that the case you have cited above has absolutely nothing to do with this issue. It was about whether or not a product sold under copyright in another country can be imported to the US and then resold. The part you have quoted is dicta, not the holding of the case, and is the final line of a paragraph discussing importation as it relates to a defense under the first sale doctrine. I would hate to see someone attach that case to some kind of disclaimer on a finished product and think it somehow protected her.

The first sale doctrine applies to the actual copyrighted item in its original condition. So, if you were to resthat's book, for example, that would be a first sale doctrine issue. However, when you then make a product out of fabric with logos that are trademarked and do not have the permission of the trademark holder, that is where problems arise. And this is a trademark issue, not a copyright issue. You cannot sell something with the trademarked logo of a team without a licensing agreement.

Here is my disclaimer: I do not currently actively practice trademark or copyright law. I did consider pursuing intellectual property law in law school but my practice took a different turn.

I am now quietly leaving the debate.