Licensing
09-21-2011, 03:19 AM
#1
Member
Thread Starter
Join Date: Sep 2011
Posts: 21
If I buy material at JoAnn's that has logo's etc from the Yankees or Red Sox, am I able to sell the product I make from it? I was under the impression that JoAnn holds the licensing and therefor I should be able to. Anybody know?
09-21-2011, 03:26 AM
#2
Senior Member
Join Date: Jul 2010
Posts: 460
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!
09-21-2011, 03:35 AM
#4
Power Poster
Join Date: Feb 2009
Location: Northern Michigan
Posts: 12,861
no- you need to contact the "yankee's" or whom ever for permission- which is usually denied- Disney is the biggest for not allowing the sale of any Disney characters designed items. licensed fabrics are sold FOR PERSONAL USE ONLY- which means you can not sell anything made with them- and the fines are serious when you get caught- the license holders (ie- Disney, Yankee's ect) do prosecute- go after those fines.
09-21-2011, 03:39 AM
#5
Banned
Join Date: Nov 2010
Posts: 4,134
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
09-21-2011, 04:25 AM
#8
Banned
Join Date: Nov 2010
Posts: 4,134
This is from a years ago - but it has some interesting examples of the "First Use Doctrine" - not just for fabric:
http://answers.google.com/answers/threadview?id=398157
Obviously, you have to use some common sense.
Your should NOT state anywhere that it is an authentic Yankees product.
You're using authentic licensed fabric - meaning you didn't go to Spoonflower and print out yards of the logo (although SF wouldn't allow you), or used photo fabric where you printed out images and logos.
Now, if you're mass producing 1000's of these in China and trying to sell them on 161st St outside Yankee Stadium ;-) , it's a much bigger issue than if you're making stuff to sell to raise money for your Little League team.
But check out the suggestions for labeling the product.
http://answers.google.com/answers/threadview?id=398157
Obviously, you have to use some common sense.
Your should NOT state anywhere that it is an authentic Yankees product.
You're using authentic licensed fabric - meaning you didn't go to Spoonflower and print out yards of the logo (although SF wouldn't allow you), or used photo fabric where you printed out images and logos.
Now, if you're mass producing 1000's of these in China and trying to sell them on 161st St outside Yankee Stadium ;-) , it's a much bigger issue than if you're making stuff to sell to raise money for your Little League team.
But check out the suggestions for labeling the product.
09-21-2011, 04:25 AM
#9
Super Member
Join Date: Jun 2010
Location: Middle TN
Posts: 1,627
My DD bought fabric by Quilted Treasures that states, "License is required for any use beyond personal consumption." Susie decided not to buy more fabric from QT because it seemed greedy to her. I agree. There are too many companies I can buy from that are satisfied with the profit made on the sale of their fabric.
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