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Creating product with licensed fabric

    • 1 posts
    September 15, 2008 12:32 PM EDT
    Boy did I just get my bubble burst!  I live in FL, near Gainesville and that is definately Gator Territory.  I made some Gator fleeces for my family, and while we were shopping today, someone asked me to make them one... I told them NO problem.  Then my husband told me that I might need to make sure that it is legal... Well, I bought the fleece legally, it is licensed fleece... what`s the problem??  

    So after spending some time looking around online, I found this site, and either something I read or else someplace that this site sent me to said to check the fabric itself... and sure enough, there on the salvage edge... it was printed... FOR PERSONAL USE ONLY... what a bummer!  You pay a huge price to buy the licensed fleece and then you can`t use it how you see fit...  Guess they can get away with it since they have the big bucks!

    Anyway, buyer beware on this licensed `stuff`!

    Have a great week,
    Cindy in FL
    (near the GATOR Swamp!)
    • 15 posts
    July 16, 2007 8:04 AM EDT
    I haven`t posted in a while, working hard on getting my business started. I am creating a new product that is sewn. Of course, I am buying the material at my local fabric store and sewing it in my dining room. My question is- if I create my product with licensed fabric that I have purchased, can I sell it to the public? This question also pertains to my custom motorcycle helmets, if I create a design that is say a NFL team or cartoon what kind of legal problems could I  incur? I have asked this question to other crafters who I know and their responses were either, they will quit producing it when notified or they feel since the purchased the licensed fabric they can do anything they want with it. Please any input would be great. I have some great fabric and ideas and would love to put them on my up and coming web site.
    • 15 posts
    July 16, 2007 8:38 AM EDT

    Thanks for the link- it directed me to a post about NFL stickers and fleece being used for resell products. What I gathered from the post on the site is that as long as I am using it for the intened manner which it is being sold, i.e. fabric to create clothing I think I will be safe. I am still wondering about recreating licensed logo`s on my helmet. Thanks again for the info.

     

    • 15 posts
    July 16, 2007 10:40 AM EDT
    I did read on the other site that an NFL license is about 100k and they are not issuing any at this time.  Also on the site someone had a contact with a lawyer who had worked for Disney and Barbie. Disney has a 0% tolerance and Barbie will only go after company`s that have a higher sales volume than a small crafter. As a small business owner, how does one provide something that a customer may want? Since my helmets are custom and should a customer request such a logo, will I have to turn them down? Do I create them until I get a cease and desist letter?
    • 15 posts
    July 16, 2007 11:32 AM EDT
    So if say my husband wants me to put a logo on his helmet, can I? Can I create it as long as I`m not selling it? I think of all the craft show I have gone to and see NFL and college stuff being sold. Are those vendors just waiting for their cease and desist letters to arrive in the mail? I`m not trying to create an arguement for what I would like to do, my site is dedicated to women motorcyclist and I was just trying to create something I could market to the men.
    • 15 posts
    July 16, 2007 11:38 AM EDT

    Can I create part of a logo and long as it is not the whole logo body, say the head of the mascot and not the whole thing? Could I create the outline of the Harley logo and not insert the name?

     

    • 15 posts
    July 16, 2007 12:47 PM EDT

    Thanks Kim for another great site! All the info is greatly appreciated!

     

    • 101 posts
    July 16, 2007 8:13 AM EDT

    I`m not an expert but I do know that professional sports associations, NFL, NBA, etc, and the NCAA are very protective of their marks. 

    You may want to ask your question here, http://www.intelproplaw.com/Forum/Forum.cgi?board=licensing