Usage rights

[meredithminn]

I am currently a small business owner who is expanding a line of products I make. This new line utilizes various fabrics found at fabric shops around the country. Are there any legal problems with me using these fabrics I find to create my own product to sell? Do I have to pay anything to the designer of those specific fabrics? I also have a product that uses various embroidered patches, i.e. old law enforcement, Navy, NASCAR etc. iconography. Would there be trademark infringement in my using these as well.
Thanks in advance for your help.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

The patches -- I am not sure. Since some are government property (and arguably public) and some are private organizations, I would imagine all would be trademarked to some extent or at least copyrighted.

As to the fabrics:

Colors alone are not copyrightable but their arrangement, etc are. The fabirc itself: the test is usefulness (what is it used for) versus works of applied art.

I would seek an IP attorney in your state to do a thorough search on fabrics with respect to case law and copyright.