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Thread: Licensing

  1. #51
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    Quote Originally Posted by MTS
    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Not quite.
    http://www.tabberone.com/Trademarks/...edFabric.shtml
    Great work! Thanks for the explanation and the legal references. froggyintexas

  2. #52
    Senior Member ploverwi2's Avatar
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    Wow! Was I ever incorrect with my words. I appreciate that you posted this for all of us. I have a whole different understanding about using licensed fabrics. My understanding was wrong all the time, thanks so much again.

  3. #53
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    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Designers could effectively shut down interstate commerce if this interpretation of the law is correct. For example, if I use a Smucker's jar that once had jelly in it and which clearly has Smucker's etched into the glass to make a pin cushion to send to a friend in Oklahoma as a contribution to a charity auction, I would be breaking the law?

    Or, if I decide to start driving to Dallas in my Ford Freestyle and people pay me $10 each for the ride (assuming I have met all the insurance, et.al. requirements), could Ford limit my use of the automobile I paid $23,000 for by writing on the inside of the hood, "for personal use only?"

    Give me a break! The people who designed the fabric get their cut when they sell the design to whomever, and manufactuers get their cut when they sell to wholesalers who get their cut when they sell the fabric to a retailer and the retailers get their cut when they sell it to a consumer who then should be free to use that product for any purpose not specifically forbidden by law. Run it up a flagpole, cover the baby's rump with it, or make a quilt for sale for profit--if I give the item I made away and the prson to whom I give it decides to sell it, does the person who created the design still have an ecoomic interest? This whole thing is absurd.

    I don't know of any law that gives a person or business a perpetual right to say what an individual can do with legally acquired property. froggyintexas

  4. #54
    Super Member OKLAHOMA PEACH's Avatar
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    Yes there should be a rule of how long and exactly when it becomes public property. Once it is bought retail, it should be public property.

  5. #55

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    When I purchased my first Brother's embroidery machine, the sales lady told me I could sell the shirt with the design on it. I was really selling the shirt not the design. I went along with that until a few years ago. My daughter sells my embroidery items as a vendor in the state of Washington. At a sale she was told to remove all licensed items because a complaint was made. They said we could give them away, but not sell them. We complied and gave a few away if they bought more than two items, they got one free from us. I looked at all my material that came with the machine and could not find any information. Went to a dealer in the area and they told us it was true. You can give away, personal use, but, not sell. I was really upset over it, but loved the machine. I went in asked the lady that sold the machine to me and she still was using that line in her sales. Another sales lady told me they were correct in Washington. They can come get your machine and anything that you use to produce what you are selling. It seems unfair if they put the designs in the machine and sell cards to use in the machine and charge the price they do and we can not help to earn the money so we can buy more. From that day forward, if it is licensed in any way, I do not buy.

  6. #56
    Super Member QuiltnLady1's Avatar
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    When Laurel Burch passed away, her heirs began to aggressively go after folks who were selling things made with her fabric. When you get attacked by lawyers, most folks cave in. When someone took the heirs to court, they buckled.

    Patterns are another area of murky copyright. Some makers claim you cannot sell or enter in a show anything made from a pattern you legally purchased -- that is also not true. You can't sell the pattern, but what you make from it simply needs to give credit to the designer,

    Here is a link that should help understand that as well:
    http://www.tabberone.com/Trademarks/...Patterns.shtml

  7. #57
    Super Member karate lady's Avatar
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    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    I have been told both ways. one was you cannot sell it, and two that you bought it and can sell it. I solve it by letting the person who wants the item to get the material and I just charge for making it.

  8. #58
    Power Poster Sadiemae's Avatar
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    Quote Originally Posted by suesembroidery
    When I purchased my first Brother's embroidery machine, the sales lady told me I could sell the shirt with the design on it. I was really selling the shirt not the design. I went along with that until a few years ago. My daughter sells my embroidery items as a vendor in the state of Washington. At a sale she was told to remove all licensed items because a complaint was made. They said we could give them away, but not sell them. We complied and gave a few away if they bought more than two items, they got one free from us. I looked at all my material that came with the machine and could not find any information. Went to a dealer in the area and they told us it was true. You can give away, personal use, but, not sell. I was really upset over it, but loved the machine. I went in asked the lady that sold the machine to me and she still was using that line in her sales. Another sales lady told me they were correct in Washington. They can come get your machine and anything that you use to produce what you are selling. It seems unfair if they put the designs in the machine and sell cards to use in the machine and charge the price they do and we can not help to earn the money so we can buy more. From that day forward, if it is licensed in any way, I do not buy.
    My machine came with information stating that you could not sell any items with the Disney Characters on it. If I remember correctly it was stated on the color photo pages that showed the designs available on the machine.

  9. #59
    Senior Member busygranny's Avatar
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    In regard to Disney embroidery patterns. I was in the market for a new machine, checked out Brother. Clerk informed me all these Disney patterns came on the machine. I'm thinking "WOW" those would be great sellers, as I make to sell. Pretty soon she informs me I can't use them on articles to sell. They were for my personal use. Well my grand children are all past the Disney stage and what use would I have for them? Needless to say, she lost a sale. I sure did not want a machine loaded with Disney patterns that I had no use for. So I bought a Husqvarna. I've also seen purse patterns that say you can't sell any made from the pattern. Needless to say I don't buy anything that says you can't make and sell. Let them sit with their patterns. They'll loosen up, sooner or later.

  10. #60
    Super Member arizonagirl's Avatar
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    Quote Originally Posted by MTS
    Quote Originally Posted by MZStitch
    It's unlawful to sell a product that displays someone else's image without the image owner's permission -- even if the maker of the product lawfully purchased the fabric (or any other material) that contains the image. The fabric comes with a "personal use license".

    The rationale is: consumers would likely falsely believe that the image owner either made the product or sponsors, endorses, or is somehow associated with the maker of the product made from the fabric (in violation of trademark law).

    Sorry!
    Not quite.
    http://www.tabberone.com/Trademarks/...edFabric.shtml
    I was going to post this same link. It is very interesting to read.

  11. #61
    Senior Member Queen's Avatar
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    I was asked if I would sell a purse that I made. I told them that legally I could not, but I would take a donation.
    They ended up giving me more than I would have charged if I could have sold it.

    Mary

  12. #62
    Member tabberone's Avatar
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    Quote Originally Posted by jaciqltznok
    Quote Originally Posted by MTS
    sadly this is no longer TRUE either. IT can also lead to some harsh complications later on.

    The first use doctorine means you get to use ONE TIME. Not that you can mass produce items with that fabric or pattern.
    ~~~~~~~~~~~~~~~~~~~~~~
    We try to keep current on case law, if this is no longer true do you have any links to court cases that reverse that information?

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