Licensing
#51
Super Member
Join Date: Mar 2007
Location: Here and there
Posts: 1,669
Originally Posted by MTS
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!
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!
http://www.tabberone.com/Trademarks/...edFabric.shtml
#52
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.
#53
Super Member
Join Date: Mar 2007
Location: Here and there
Posts: 1,669
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!
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!
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
#55
Member
Join Date: Feb 2011
Posts: 35
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.
#56
Super Member
Join Date: May 2011
Posts: 4,688
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
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
#57
Super Member
Join Date: May 2010
Location: washington
Posts: 1,424
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!
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!
#58
Power Poster
Join Date: Oct 2009
Location: Idaho
Posts: 11,375
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.
#59
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.
#60
Originally Posted by MTS
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!
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!
http://www.tabberone.com/Trademarks/...edFabric.shtml
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