What is the name of your state?Florida, but this applies to all over...
This has to do with a discussion that has been ongoing for a week on several e-lists. We are all crafters, and many of us are seriously in business. The issue raised is used of licensed items as part of something else (or not). Yes, most of us recognize that we are not legal if we incorporate a licensed item (as a sports emblem, or a Disney character) into a candle or cushion or whatever. However, there is a school among the list who insist that if you have bought and paid for an item, the license is paid, and you are free to do whatever you please with it, whether or not you make it for personal use or for sale. There is also a school who believe that if you just buy a licensed item, you are free to sell it if you don't do anything to it. This discussion involved eBay practices. In fact, one person posted:
***Sorry I don't have the link anymore but there was a lady getting told by
eBay that she couldn't sell trademarked names as Harley Davidson or Coca
Cola and Disney. She was buying fabric and making aprons and such. Ebay
along with these companies took her to court. SHE WON; turns out if you BUY the trademarked item and use that to make another item. You have the rights since you paid for the trademarked item originally.***
Okay, you have a lot of craft fair types hoping someone will clarify this for all of us. Most resources I've found address protecting your own stuff, rather than using the Big Guys' Stuff. Can anyone help??
This has to do with a discussion that has been ongoing for a week on several e-lists. We are all crafters, and many of us are seriously in business. The issue raised is used of licensed items as part of something else (or not). Yes, most of us recognize that we are not legal if we incorporate a licensed item (as a sports emblem, or a Disney character) into a candle or cushion or whatever. However, there is a school among the list who insist that if you have bought and paid for an item, the license is paid, and you are free to do whatever you please with it, whether or not you make it for personal use or for sale. There is also a school who believe that if you just buy a licensed item, you are free to sell it if you don't do anything to it. This discussion involved eBay practices. In fact, one person posted:
***Sorry I don't have the link anymore but there was a lady getting told by
eBay that she couldn't sell trademarked names as Harley Davidson or Coca
Cola and Disney. She was buying fabric and making aprons and such. Ebay
along with these companies took her to court. SHE WON; turns out if you BUY the trademarked item and use that to make another item. You have the rights since you paid for the trademarked item originally.***
Okay, you have a lot of craft fair types hoping someone will clarify this for all of us. Most resources I've found address protecting your own stuff, rather than using the Big Guys' Stuff. Can anyone help??
