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Old 06-15-2010, 06:18
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ThreeBlessingsBowtique ThreeBlessingsBowtique is offline
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Default Re: Copyright Issues When Making Bottle Caps?

I have found site after site that said that NUMEROUS courts and judges have not found it to be so that persons cannot use licenced fabrics etc to make and sell things, so in cases, prudent cases are studied and those cases are upheld, AS LONG AS you disavow yourself in a disclaimer from the original copyright/trademark holder in your sales (so a disclaimer that says you are NOT an agent of the teams, schools, Nickelodeon etc)

If you so chose, I have added a few links for you to check it out yourself

now this is what I found on using the materials they print to make something.......YOU CANNOT say it is licensed by the university or whatever, if you are using premade fabric, ..........SO ribbon and fabric that are produced BY someone who does hole the rites to do so, you can make something just not represent is as endorsed by the team or whomever (Dora, Peanuts etc)

you cannot under any circumstances say you hold the trademark rights. THE COMPANY, disney etc will ALWAYS tell you it is illegal as they dont want competition

Many of the sites state that they have consulted lawyers and when companies release fabric/ribbon/charms etc, they give up the right to control the flow of that copyright meaning you can make something out of it to sell.........I talked to my bil and he is a corp lawyer, they usually do not file lawsuits unless there is a wide spread release, like if a new cola company called their product coke or a tire called their product Michelin

We have located two federal courts cases concerning the use of fabric to make items to sell: In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics to make bedding for sale. The 1st Circuit Court said making a fabric item from fabric lacked any originality so it was not copyright infringement. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United Media (Peanuts fabric), Sanrio (Hello Kitty fabrics), and Debbie Mumm, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.

In Scarves By Vera, Inc. v. American Handbags, Inc, 188 F. Supp. 255 - US: Dist. Court, SD New York 1960, American Handbags was using towels manufactured by Vera to make handbags for sale. On some of these handbags made with plaintiff's towels there could be seen, at the bottom, the name Vera coupled with the figure of a Scarab or Ladybug, all three of which were registered trademarks of Vera. The judge rejected Vera's copyright claims.

It should be nothed that in both cases the judges required the defendants to provide disclaimers attached to the items because the items were being sold in stores. The disclaimers were to plainly disavow any relationship between the manufacturer of the item and the trademark owner. This was done so "an ordinary, intelligent purchaser" would not be misled that there was any connection. When selling on-line, a prominent, highly visible and well-placed disclaimer, such as our recommended Tabberone Disclaimer, would likely serve the same purpose and legal need as the disclaimers required by the courts. Precious Moments disclaimer court quotation and Scarves By Vera disclaimer court quotation.
Can you legally make an item using NFL fabric and sell it?

In: Intellectual Property [Edit categories]
You might want to look at the Precious Moments case, you can't make something and call it licensed, you can however with some provisions make items for sale. " The First Circuit Court specifically rejected the copyright claim where La Infantil was being accused with unauthorized use of copyrighted fabric, saying that "bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works."
The Court also said "The copyright owner's right to distribute the work is limited by the "First Sale" doctrine, which permits the owner of a legally acquired lawfully made copy of a work to sell that particular copy without the consent of the copyright holder".
You need to make sure people realize it's not a licensed product and I always recommend a disclaimer.
The statement on the selvage - for personal use only - is not backed up with any federal or state statute.
I took Major League Baseball to court when they said I couldn't use their fabric to make items for sale. They fought me for 6 months then settled on my terms.

All I Know So Far

Well, from my research, so far what I got is this:
I have a great idea for an NFL Licensed Product. Where can I find information on obtaining an NFL license? For information on obtaining a license to produce NFL merchandise, call (212) 450-2000 and ask for the NFL Licensing Information Line.
I got this from the NFL official website. Which makes me also wonder about making things such as Nascar or Baseball teams, etc. Well I am certainly going to keep researching this matter, because it is very important to me too, seeing as how I am just now starting to decide to make NFL stuff too, but maybe when I am able to call the number they listed above I'll have the answer. From what this says, it would seem to me that maybe you do have to have a license to sell things you make of NFL. Well I hope this helps and maybe somebody will find out the answer soon.

NFL Team Fabrics What you can make!

We sell NFL Fabrics on our website so I have the breakdown on what you can do with the NFL Team fabrics. You can make anything you want with the fabric for you personal use but you cannot making anything to resell. It is a great fabric to make NFL products for your friends and Family.
If you want to Make licensed NFL Products you need to call the NFL License department and then obtain a permit to make the fabric and then make the products. The NFL fabric that is sold in stores is not for making products to resell. In order to make items with NFL Fabrics you need to have your own fabric manufactured and licensed by the NFL.

First Sale Doctrine is an accepted legal defense in such matters.
The basic premise is simple. Once the manufacturer of a copyrighted item releases it into the open market the copyright holder loses control over what is done with the item.
Generally the company/manufacturer who holds the copyright will try to use trademark laws to prevent items such as material from being made into articles of clothing or whatever it may be, and sold by private consumers.
However, trademark laws only apply when the seller deliberately presents the article as being original or creates the impression that it is an original (knock off's).
An example is the Disney Corporation recently attempted to sue a single mom who earned extra income by using Disney fabrics to make pillows to sell at craft shows. The court ruled that the woman in no way infringed on trademark rights and could continue her pursuit and ordered DC to pay all her legal costs and damages.
Common sense should prevail in such situations, obviously you cannot copy DVD's as trademark laws apply. You may however buy material with soccer balls, baseballs, team logos, etc. and make pillows, etc. as long as you do not try to sell them as original NFL, NBA, NLB and so forth products.
FYI, companies and organizations will ALWAYS tell you it is illegal.
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