NOT FOR COMMERCIAL USE printed on selvage of fabric?
11-21-2011, 08:42 AM
#71
Super Member
Join Date: Feb 2011
Location: missouri
Posts: 3,893
it is on any licensed fabric, sports teams, Disney, cartoon characters, etc. you can use it and give it away or for your personal use. I'm sorry, I figure if I buy the fabric I should be able to do with it as I please, I am not reselling just the fabric, it has been altered from it's original state. If they feel this way they should not sell the fabric
11-21-2011, 08:44 AM
#72
Member
Join Date: Nov 2010
Location: Lakeport Ca
Posts: 95
I think you're right, but most of us are not mass producing items, mainly for craft shows, etc.It does sound crazy to go after the little guys but that seems to be the norm now! So avoid these fabrics if at all possible! It really is a shame! Think the world has gone "sue" happy! Have a great day everyone and a fantastic Thanksgiving!
11-21-2011, 08:52 AM
#73
Super Member
Join Date: Aug 2011
Location: MO.
Posts: 2,681
I hadn't heard of this for fabric, I had heardofthis for some patterns.
I boycott the patterns and I will for sure start looking for this on fabric and boycott it as well.
Lets see how well they do in sales when us quilters start boycotting them.
I boycott the patterns and I will for sure start looking for this on fabric and boycott it as well.
Lets see how well they do in sales when us quilters start boycotting them.
11-21-2011, 09:08 AM
#74
Super Member
Join Date: Aug 2011
Location: MO.
Posts: 2,681
Whatever, I will boycott from now on....It's not like any of us buy enought of 1 or 3 fabrics to mass produce quilts.
If we can't use then we won't buy it. I for one will make one of a kind quilts and then us the scraps for scrappy quilts.
If we can't use then we won't buy it. I for one will make one of a kind quilts and then us the scraps for scrappy quilts.
11-21-2011, 09:13 AM
#75
Member
Join Date: Aug 2009
Location: Hartsel, Colorado
Posts: 38
1. People doing "all out" commercial projects are not going to Hancocks to purchase 100% cotton fabric. Which as we all know wrinkles a lot.
2. There is NOTHING in federal law that states a restriction on the selvage of the fabric means anything to the purchaser. Actually there is There is something called equitable servitude in the law.
Attaching a fair condition to use can only be done with the consent of both parties in writing.
If the manufacturers want to enforce something they have to get you to sign something when you purchase the fabric.
Couple of court cases
Precious Moments v La Infantil, 971 F. Supp. 66 (D.P.R. 1997). Precious Moments sues to stop La Infantil from making and selling bedding from copyrighted, licensed fabric. Court ruled bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works, Court did require La Infantil to attach a notice with a disclaimer. Precious Moments lost because of the First Sale Doctrine.
Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960. Vera markets a line of women's products and accessories. American Handbags began using her towels with her logos on them to make handbags. Vera sued. The court dismissed her claims but did require American Handbags to include a better disclaimer.
2. There is NOTHING in federal law that states a restriction on the selvage of the fabric means anything to the purchaser. Actually there is There is something called equitable servitude in the law.
Attaching a fair condition to use can only be done with the consent of both parties in writing.
If the manufacturers want to enforce something they have to get you to sign something when you purchase the fabric.
Couple of court cases
Precious Moments v La Infantil, 971 F. Supp. 66 (D.P.R. 1997). Precious Moments sues to stop La Infantil from making and selling bedding from copyrighted, licensed fabric. Court ruled bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works, Court did require La Infantil to attach a notice with a disclaimer. Precious Moments lost because of the First Sale Doctrine.
Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960. Vera markets a line of women's products and accessories. American Handbags began using her towels with her logos on them to make handbags. Vera sued. The court dismissed her claims but did require American Handbags to include a better disclaimer.
11-21-2011, 09:14 AM
#76
Member
Join Date: Aug 2009
Location: Hartsel, Colorado
Posts: 38
Oh and patterns was decided on in 1879 by the Supreme Court
http://www.tabberone.com/Trademarks/...Patterns.shtml
http://www.tabberone.com/Trademarks/...Patterns.shtml
11-21-2011, 09:15 AM
#77
Super Member
Join Date: Aug 2011
Location: MO.
Posts: 2,681
I copied your note and I am going to send it to the stores I shop from on line.
I will be asking them to post if the fabric is copyrighted, so as I don't buy it.
I will be asking them to post if the fabric is copyrighted, so as I don't buy it.
she's right...they don't care how many you are making... and i suggest we all type a little note,
"As I discovered a limiting copyright statement in the selvedge of your fabric, I decided against using it. I purchased $_____ of another company's fabric and will use that instead. My shirts/quilts/crafts are sold on a weekly basis at craft shows and you have missed the free advertising that my purhase, and eventual sale, would have accorded your company." then we email this to the fabric companies every time they inconvenience us...
BTW....my favorite stunt of this type is when Mattel tried to copyright 'Barbie pink'.... don't know if they succeeded, i just think it's a hoot.....
"As I discovered a limiting copyright statement in the selvedge of your fabric, I decided against using it. I purchased $_____ of another company's fabric and will use that instead. My shirts/quilts/crafts are sold on a weekly basis at craft shows and you have missed the free advertising that my purhase, and eventual sale, would have accorded your company." then we email this to the fabric companies every time they inconvenience us...
BTW....my favorite stunt of this type is when Mattel tried to copyright 'Barbie pink'.... don't know if they succeeded, i just think it's a hoot.....
11-21-2011, 09:17 AM
#78
Power Poster
Join Date: Jan 2009
Location: Front row
Posts: 14,646
I seldom see any selvedges on fat quarters I buy. I can understand licensed logo fabric being protected from commercial use but a fabric design or color? I have many designers on my list not to buy ever and I have room for many more on that list.
11-21-2011, 09:22 AM
#79
Power Poster
Join Date: May 2008
Location: FL
Posts: 16,574
I have not noticed this before. Thanks, now I will look at the selveges. But then, I don't sell anything like that anyway.
11-21-2011, 09:22 AM
#80
Senior Member
Join Date: Feb 2011
Location: Victorian Sweatshop
Posts: 863
Ok, until I see court and case number, I'll assume urban rumor.
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