Also, question for you, Allison. If I were to use a new pattern, and it turns out the item doesn't fit my child, is that ok to sell as new, or not? I know how hard it gets when you get into grey areas.
Well, I am no copyright attorney. I think that one is up to personal interpetation. I don't think pattern companies would be coming after you for that one. Personally, I would sell it. I think it is when people are making things with the *intent* to sell.
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Allison
mama to Ara, Simone, and Zarin
I haven't read all the details, but they apparently won the right to use the fabric--- so if you are interested in using character fabric, you may want to read their discussions.
heather
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Heather , mama to Liam, born 12-19-01, and Simon, born 04-17-05 wife to Mark, married 09-23-97
Location: and it's one time keep it slow wind them up & here we go
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so all the items on the market board currently i.e cat in the hat, a pooh blanket, pillow cases w/ charactor fabric, etc... are all being sold illegally?
Originally posted by harvestgirl so all the items on the market board currently i.e cat in the hat, a pooh blanket, pillow cases w/ charactor fabric, etc... are all being sold illegally?
yup
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Mary,
momma to Tyler 5-14-03 And Maya 1-19-2001
And Ciara 1-14-06
Originally posted by herc use of licensed character fabrics is not always illegal-- you can read about the company that fought for the use of them and won here: http://www.tabberone.com/Trademarks/trademarks.html
I haven't read all the details, but they apparently won the right to use the fabric--- so if you are interested in using character fabric, you may want to read their discussions.
heather
I don't really think that this is setting precedent that we can use the fabric to sell things. Really, I don't.
In regards to clothing and patterns, there's only so many ways to make a pair of pants, and only so many ways to make a shirt, jacket, jumper, dress, etc....
Even if someone makes their own pattern, isn't a pants pattern going to look pretty identical to a store-bought pants pattern?
And in regards to the character prints, I don't understand too much.
If someone wants an outfit made of a licensed material, but can't sew, why can't they pay for the service/labor for someone else who knows how to sew, to make it?
I don't know the LEGAL part of this, but in my opinion, wahms are not making a profit off of the charachter print, tehy are making it off of their labor. So, if wahm a makes an item with a dinosuar non licensed fabric and selling it for $10 and then makes another item with pooh fabric and sells it for $10, she isn't making money off of the fabric. Now if she sold the pooh item for $12 instead, she could probably also argue that she had to pay$2 more for the pooh fabric and disney already made its share of her money when she purchased pooh fabric for more than a comprable quailty non pooh fabric. LOL Just my take on things. That is just what makes sense to me but it cetainly doesn't mean it is what is written on the books legally. Excuse my terrible typing today, I am standing up...
Originally posted by herc use of licensed character fabrics is not always illegal-- you can read about the company that fought for the use of them and won here: http://www.tabberone.com/Trademarks/trademarks.html
I haven't read all the details, but they apparently won the right to use the fabric--- so if you are interested in using character fabric, you may want to read their discussions.
heather
The complaint that you posted a link to is about them using the term "shabby chic" in their auctions. Not about them using fabric. That case hasn't been settled.
I did read through the disney case, it wasn't settled in court. Disney is allowing them to sell on ebay. That isn't really "winning", just getting the right. That is hardly a case precedent, which is why disney settled out of court.
If a WAHM wants to sell an item made from a purchased pattern, they can do that if they also charge their customer for the price of the pattern. Then it is the customer who is really paying for the pattern as well as the finished item.
Originally posted by bananamama And in regards to the character prints, I don't understand too much.
If someone wants an outfit made of a licensed material, but can't sew, why can't they pay for the service/labor for someone else who knows how to sew, to make it?
You actually can, as long as you purchase the fabric and pattern it is okay to pay someone else to make it.
When you go to someone's site and buy pants made from a licensed print, that is when it is not okay. They bought the fabric and used it for something other than "home use". I don't think resale value (as brejean was saying) has anything to do with trademark, it is about "derivative".
I don't really think it matters what we think is right or wrong, it is the law.
Originally posted by tara If a WAHM wants to sell an item made from a purchased pattern, they can do that if they also charge their customer for the price of the pattern. Then it is the customer who is really paying for the pattern as well as the finished item.
Tara
This is true, as long as they only use it that one time and send the pattern to the person also.
I think it would be much more appropriate to PM the WAHM in question and ask her if she drafts her own patterns rather than air it all out in public.
It isnt just one wahm I see doing this. I don't have *one* person I'm targeting here. I just see it often enough to wonder. Do I have to pm someone if it isn't all fluff? Is that the rule?
Sorry it took me a bit to come back and reply. I fell asleep. I think I'm coming down with something. Anyhow, I am learning and that was the point of my OP. I don't have more to add yet because I am sitting back and learning. I just want to add this bit. The point of this post isn't to single anyone out or be snarky. I don't know all the copyright laws and how to get around them like sending along the pattern etc. I just thought that maybe people honestly don't know like maybe some people don't know that it isn't ok to burn a cd and give a copy away.
Meghan
I am *so* glad I make my own patterns up for everything so I don't have to wonder if someone is questioning my things!!!
I'd say if you have a problem with what someone is doing, contact them directly with fact rather than putting something semi vague out here on the boards. I thought that was just being polite.
(I did use a few patterns recently to make myself a formal dress, but didn't sell it. My mom and I have begun making and selling plus sized clothing (up to 15X), however, we do not use any patterns, but we did get the actual measurements from looking around at various stores. Does that mean we did something illegal as well? )
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Mom to four great kiddos
AND Griffin Davis due to join us in May 2009!
I just want to add this bit. The point of this post isn't to single anyone out or be snarky. I don't know all the copyright laws and how to get around them like sending along the pattern etc. I just thought that maybe people honestly don't know like maybe some people don't know that it isn't ok to burn a cd and give a copy away. 
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