Because WE HAVE BEEN BROUGTH TO TASK TONIGHT ABOUT COPYRIGHT AND TRADEMARK. WE ALREADY KNEW THIS SINCE WE ARE MAKING OUR FIRST RUN OF OUR OWN CLOTHING LINE HERE ARE SOME PROOF FOR THE PUDDING ON HOW THIS GOES 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 plaintiffs 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 Veras copyright claims. -------------------------------------------------------------------------------- It should be noted 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. Licensed fabric means the fabric is licensed by the rights owner to be manufactured and sold. It does not mean the fabric is licensed at the time it is sold. A license on the use of the fabric requires the person buying it to agree, usually in writing, to conditions on the use of the fabric before paying for the fabric. If you do not agree to the license before purchasing, they will sell the fabric to you anyway. In fact, no one even asks you if you agree to the license. They just sell you the fabric. Any fabric sold without a signed mutual agreement prior to the sale is not licensed and there are no provisions in the law that allow for otherwise. Any one who tells you otherwise is lying. And, under the definition of a license, they would record your name and address, require periodic payments, and demand the fabric be returned to them when you are done with it. That just does not happen. These pages are often criticized and described as being inaccurate. We ask our detractors to please show us their court cases that show we are wrong. Most detractors, like the Mis-Information Mavens of Etsy, run and hide rather than respond to our inquiries as to what proof they have to support. The rest never respond. Google Scholar is an interesting law source. It is located at scholar.google/. It is a valuable reference site for legal articles and case law. It has been expanding its database year after year. Beginning August 4, 2013, we entered a variety of search criteria, including +copyrighted fabric, looking for court cases.
Posted on: Sun, 25 May 2014 08:17:43 +0000
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