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Old 07-16-2009, 06:30
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tabberone tabberone is offline
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Join Date: Jul 2009
Location: Hartsel CO 80449
Posts: 6
Default Re: hand painting licensed disney images

Those stories about Disney coming in and taking action against home crafters are all urban myths. Not one can be verified; they are ALL second hand. None are true. No company has the legal right to do anything in your home or business without a court order.

The statements on fabrics or software about limits on selling products made are not enforceable under federal law. Items made from licensed fabrics fall under trademark law, not copyright law. Permission from the fabric manufacturer is not required under the First Sale Doctrine to make and then sell items made from their fabric (see Precious Moments v La Infantil, 1997, (D.P.R.) 971 F.Supp. 66).

We have been in federal court against M&M/Mars, Disney, Major League Baseball, Sanrio (Hello Kitty) and United Media (Peanuts), all over the use of their licensed fabrics, and everyone of them preferred to settle the matter rather than fight it in court. And we represented ourselves. Every one of these cases and settlements are on our web site. These are billion dollar companies that have very large legal budgets who did not want to be on the losing side of this issue in federal court like Precious Moments was.
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