amitymamaThe Attachment Parenting Community

tara · 10-02-2004, 03:55 PM

I know that we have gone round and round on this legal and ethical issue, and that new information recently came out pertaining to selling items made from licensed fabric.

Can someone update me with the most recent information?

I have some extra shrek fabric and would like to make a few sets of jammies to sell, but only if it's on the up and up.

TIA!
Tara

kadidia · 10-02-2004, 04:03 PM

Personally...I would say go for it! I really don't think these big corporations are going to come after you for selling a couple sets of pjs on the AW market board, lol! I also don't think anybody really knows unless it went to court.

BeckaBeth · 10-02-2004, 04:36 PM

Quote:

Originally posted by kadidia
Personally...I would say go for it! I really don't think these big corporations are going to come after you for selling a couple sets of pjs on the AW market board, lol! I also don't think anybody really knows unless it went to court.

Korwynne · 10-02-2004, 06:19 PM

I don't sew, but I think there would be a problem if you were selling it as an official item.. if you market it as a WAHM item, I can't see there being a problem as anyone can go buy fabric, kwim? As far as I am concerned, if they're selling the fabric, they're *expecting* things to get made out of it

TurtleMa · 10-02-2004, 07:01 PM

I agree with all of the above posters. I think the reason these things have not gone to court is because the companies have a pretty good idea that they would loose. Afterall they have deep pockets and we all know WAHM's do not.

mommy2maya · 10-02-2004, 07:25 PM

I think it is still a sticky situation. I personally know someone that was selling stuff made with PennState fabric (at a PennState craft show) whose stuff was taken because it violated Trademark or whatever it is. But, as the others have said, it is highly unlikely that Disney would ever know. You could also write an email to Disney, and say you have a bit of this fabric leftover, wanna make jammies to sell to a friend, and see what they say. More than likely they will say, yes, it is fine, but please don't sell commercially.

Dannielle · 10-02-2004, 07:55 PM

my understanding of it all (I'm certainly no expert) is that it is only a problem when it could appear that your item made from their fabric is an "official" item.

For example, making pants from Disney fabric and selling them would be ok but standing outside Disney On Ice wouldn't be ok because you would be in direct competition with official Disney stuff and it would appear that your stuff was endorsed by Disney bc you were selling there.

tara · 10-02-2004, 07:59 PM

I wouldn't do it unless I knew it was legal. I thought that people had talked about this issue over the summer (I missed the details) and that it had been found to be legal - does anyone remember that discussion? Or am I confusing this with the issue of items made from commercial sewing patterns?

Tara

Thmom · 10-02-2004, 08:39 PM

we discussed this at MD and my dh and Amber made some good points about creating something from something else and it being a whole new item so it wouldn't violate laws... I think the consesus was that there isn't actual law that says you can not take a licensed or copywrite item and create a new, original item as long as you are clear that you are not representing the original creator. Amber likened it to takeing the pages out of her book and creating a mural with it. I'm using her copywrited material but creating a new product.
So I think as long as you are not creating a "likeness" of shrek or falsely representing Disney you are within the limits of the law.

#barb#wire# · 10-02-2004, 08:57 PM

Here's the tabberone (?) link. I didn't follow all the details of the discussion that was had this summer, but hopefully this will be helpful:

( I also haven't read the tabberone site, but I did bookmark it for future reading, but I HTHs )

http://www.tabberone.com/Trademarks/trademarks.html

mommy2maya · 10-02-2004, 09:58 PM

As far as I can remember, Tabberone hasn't gone to court-everything has been settled out of court.

arasmama · 10-03-2004, 12:29 AM

i think the original thread is in the faq forum. it is all opinion though, no actual fact.

Scarlet · 10-03-2004, 12:32 AM

I thought the problem was when you do take something that is meant to be one thing and make it into another... that that is called a "Derivative"? Tabberone were argueing that as fabric is sold with the intention of turning it into something else, the something else doesn't count as a derivative work....?

lovebugsmama · 10-03-2004, 10:15 AM

As I recall, the argument is:

1. They got their money from you when you bought the fabric.

2. Once you own the fabric, it's yours to do as you please.

3. As long as you aren't reproducing a trademarked item with it, you can make what ever you want.

But, it all seems to be a grey area, so I guess use your conscience as your guide. Does it feel ok for you to do? If so, then do it. If you don't feel good, then don't. Make them as gifts for the holiday season instead of selling them.

tabberone · 10-03-2004, 11:18 AM

A derivative is defined in federal law as something that is original enough to acquire a copyright on it's own.

All these people settled after we filed the federal lawsuit because they knew they couldn't win. You know if Disney wanted to fight me they could have.

Except for MGA Entertainment who has vowed to take me to the Supreme Court over the use of a licensed applique. Now they've released something like 10-12 different fabrics.