Can you legally make an item using NFL fabric and sell it?

" 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!

HI,

We sell NFL Fabrics on our website www.jandofabrics.com 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. If you have any questions please email us jandofabrics@comcast.net

Thanks, Ryan

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 situtations, 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.

First answer by ID1173688264. Last edit by Macky. Contributor trust: 2947 [recommend contributor]. Question popularity: 52 [recommend question]

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