Licensing

[Former_Member]

I work mainly in kids gear. Hair bows, some clothes. I shy away from using licensed fabric or ribbons because of the legal implications. I know that Disney has sued small businesses for using licensed fabrics and designes and selling the creative end product. Many patterns available in the retail market have warnings that the pattern may not be used to create items for sale, only personal use.

Do any of you use licensed fabrics/ribbons? Have you had any trouble?

[Former_Member]

I use to sell custom children's clothing on the big auction site. It is not illegal to use licensed fabrics in your items. There is a woman that has sued Nascar, Disney etc and won. tabberone I think is her website. It has to do with the first sale doctrine:
"The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
Justice Stevens, delivering an opinion for a unanimous Supreme Court in the case QUALITY KING DISTRIBUTORS, INC. v. L'ANZA RESEARCH INT'L, INC. (96-1470), 98 F.3d 1109, reversed.

[Former_Member]

Good to know, thank you. I had always trusted in the first sale doctorine but that hasn't stopped the big name places like Disney from trying to bully us little guys...

Thanks.

[HomespunTales]

That sounds well and good- But when the edge of the fabric says it is for home use and not for commerical use-- the minute you make something from the fabric-- and sell it-- You have just used it for commerical use. And not home use.

[Former_Member]

The only issue I've had was with Harley Davidson...I created a Tote Bag with clothing labels from many popular brands. A sponser from HD notified me stating HD was a registered Trademark and I was to remove the tag from the tote. I did so and heard nothing more from them. None of the other label brands contacted me and I've not had any other problems with anyone. I would hope that big name companys would be as kind as HD and contact first, giving you the opportunity to remove or change your item before sueing....PeaCe.

[TheGivingTree]

I wouldn't chance it, your bows are nice enough that you don't need to add licensed characters to sell your work.

[HomespunTales]

I agree- I don't use licensed fabric. Why beg for trouble? I don't have the extra money to pay lawyers to defend me in court to be sued over something like this. Whether I would win or not.

[Former_Member]

Thanks! It makes me uneasy to think that there are big companies watching for this on sites like Etsy but I wouldn't doubt it. Everybody is out to make a buck...