NanaCsews2

Fabric could be labeled for us to understand. Change the wording. We can't copy the fabric design and sell it, but we can make anything we want with it and sell what we make. We can also sell the fabric in a garage sale if we choose to not to use it. Basic and simple to change the selvage to state we cannot copy the design on that fabric and sell it as our own. The design is licensed or copyrighted. And for those that use the wording 'human consumption' on fabric- it is just plain funny. The word is correct, but that is not what we think of when we read it. We can use the fabric until we no longer need it, then we can sell it off or get rid of it how we choose to.
All that said, the wording is all used (licensed, consumption, etc.) so we aren't spending our time reading selvages instead of cutting and sewing.
Here's another thought: Is it the 'wave' of fabric manufacturing to place those 'notices' on the fabric about licensing, etc.? Will all fabrics have those selvages with warnings and copyright notices? If we stop using those designers, will we eventually have no fabric to use in the future, or will be resigned to giving in? Are we merely misinformed and/or misguided about a misunderstood controversy?

Favorite Fabrics

I think that the wording on the fabrics about "personal use" etc. is there in part to protect the fabric manufacturers from being sued by the owner of the design/license (such as Disney, MLB etc.) ... this is a lawsuit-happy society that we live in and as result, we get things like this happening.

As to those cease-and-desist letters, I've received three so far. Two related to selling fabric, and one for an item that I sewed.

Who am I, and what do I do? I sell fabric on the internet. And I sell appliance covers that I've sewn from fabric.

The first two cease-and-desist letters related to "red hat fabric". You may remember a few years back there were a bunch of "red hat" fabrics for sale. It seemed every fabric company made a collection that year, and none of them were named "Red Hat". Betcha they got the same cease-and-desist letters I received!

Basically, I got one in writing (by mail) and the other arrived as a middle-of-the-night e-mail. One was from the "Red Hat Society" and the other from the "Red Hat Ladies". Both alleged trademark infringement, and demanded that I stop selling the "red hat" fabrics that I'd already purchased. However, trademarks are issued only for a specific set of products or purposes, not as a blanket-covers-all. Both groups had trademark status ONLY as social groups. Neither had been granted trademark status for ANY products, of any kind, at all. So they were just blowing a lot of hot air. But I didn't know that, at the time. And so I researched, and also came across the Tabberone website. And I'm so glad they posted all the information for us to read!

The other cease-and-desist letter was because I was making covers for George Foreman grills. Interesting, the letter did not come from the George Foreman company! It came from an individual, who alleged that I was making a knockoff of his idea for a "protective and decorative" cover that was designed to look like a beanie or cap. This letter had about a dozen clauses describing his cover... and my covers differed from his, in EVERY clause. So clearly they were entirely different than his covers (which were not even in production). I showed this letter to my attorney (yes, I had to pay to do that!) and he said that the whole thing was an attempt to find someone to produce the covers for them, because the letter included an offer for me to license with them. Gee... what a scummy way to find a manufacturer! Obviously I did not partner with them!

Live and learn...

hoppa

Thanks Scissor queen for the article as have always wondered what this meant

mom-6

My guess, which is only that, is that it was intended for the personal fabric market, as opposed to use in mass production. I don't see how a purchase of less than multiple bolts of the same fabric could be construed as anything other than personal use. Now if you got a truckload of it. . .

BuzzinBumble

Jan in VA - Good for you! Your lawyer sounds awful, especially considering it was his fault you were so bad off! Bravo to you for being such a gutsy gal!

Scissor Queen, your article is most informative and I am grateful to have read it and know we do not have to give a second thought to those ridiculous statements sometimes found in selvages!

Nan - that is really low what those people tried to pull on you! Thank you for sharing because it can serve all of us to know that a lot of times those cease and desist letters are just posturing and hot air!

TammyB

I don't believe this is true for fabric. They cannot enforce that. What they can enforce is the copying of patterns and selling those (if copyrighted). You can share a pattern with someone, though, for personal use.

ellifour

Scissor Queen, thanks for the link, very informative, will not search other information there.

vickig626

I agree. I've researched this too since I do sell items that I've made. At local craft shows, I doubt that's a issue but I found a disclaimer I'm putting on my etsy items to cover myself from any legal actions. Disclaimers will protect your right to use their fabric. If they push the issue, we will simply stop buying fabric and then what would they do?

Elaine433

I have seen that marked on patterns but I have never seen it marked on fabric.
I wouldn't worry about it. It is not like you are making 100 of these to sell.

Roberta

That just doesn't seem right. If you're buying the fabric they are making money so what's the problem?