Is it legal to make pillows throws tablecloths etc using designer fabric and selling them labeled with your own business name?

If I get this correctly, your saying that your using Designer material, to make and resell your own designer throw pillows. This is going to be dependent on your material source, your product and marketing. If you purchase your designer material raw in bulk, on bolts and such through a brand authorized vending avenue, then the intent for the material to be used in a final product is obvious and repackaging can generally be assumed. A license usage class may have already been negotiated by the manufacturer or the wholesaler. If however you are disassembling a designers finished product and reassembling it in some way such as a to obtain the fabric, create a clone, or knock off of another similar product line then that would likely be an infringement.

Use of any designers branding label should be avoided unless you have an appropriate license to do so. material use class or reuse licensing does not confer brand or designer name use.

Designer or branded Materials, Parts and Components are widely used in consumer products finished or assembled by third party businesses. These should be obtained through Reputable Recognized sources for your industry type to avoid later confusion on appropriate usage and usage licenses. When in Doubt contact your supplier or the designers vendor and ask about material useage guidelines, most will be happy to assist.

Answer

of course it isnt! thats a breech of the designers copyright! if you get caught you will get prosecuted

00st2 (solicitor)

Answer

Huh??? What kind of advice is that????

You can make stuff out of designer fabric and sell it. But you must mention the copyright owner's fabric:

i.e. Table cloths from DesignerName(C) fabric for sale at StoreName. NOT: StoreName table cloths for sale

see: http://www.tabberone.com/Trademarks/OurFight.html

Answer

As the pages at the link (www.tabberone.com) in the previous answer shows, there are good arguments that it may be technically "legal" to use designer fabrics to create and sell such stuff, if you label it properly. However, there are also arguments the other way, so you may also have to defend yourself in federal court against trademark and copyright infringements. If you have a lot of time and money on your hands, you can "join the fight" against oppressive corporate tactics that stretch the intent of the protection they rightfully deserve, or ignore the issue and see what happens.

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