Home Forums Starting your journey Can I sell handmade or manufactured items made of licensed brand fabric

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  • #1000269
    boots72
    Member
    • Total posts: 14

    Hi there

    If I wanted to manufacture an article of clothing that had representations of a trademark logo on it. Am I able to buy the fabric from fabric supplier that is licensed to sell the fabric (yet to be confirmed), but does that allow me to manufacture into a garment and sell as a finished clothing article…….
    ie: spotlight store sell ‘frozen’ movie animation figures on material by the metre under license. Can i manufacture into a clothing garment and sell the finished garment or am i breaching trademark….

    #1223650
    LucasArthur
    Participant
    • Total posts: 3,158

    Howdy

    IMO, i think you will find the technical answer is that you CAN NOT use licensed fabrics in order to produce a commercially sold item.

    Cheers
    Jason

    #1223651
    boots72
    Member
    • Total posts: 14

    I think so too,
    For instance spotlight sell fabric by the metre – ie: frozen movie, sporting teams etc, I would assume thats for personal use and not commercial reproduction
    I have identified that the said fabric has the words – ‘all rights reserved’, researching this seems that its ambigous outdated, But I would assume all in all – use at own risk, and don’t be suprised if the trademark owner pursue’s you legally at your peril…..

    #1223652
    businesstrade
    Participant
    • Total posts: 210

    When businesses sell non-genuine products with the “Nike” logo, those items are considered counterfeit and illegal.

    Your situation sounds like the situation above.

    #1223653
    JacquiPryor
    Member
    • Total posts: 2,344

    A little late to the post. The short answer is ‘it depends’.

    Trade marks and copyright are two different areas of IP law. Spotlight selling ‘Frozen’ fabric would (and, speaking very generally for information purposes here – not advice) let you make a set of sheets for personal use at home, but not necessarily let you make multiple sets of sheets to sell to other people.

    A print on a fabric is unlikely to be a trade mark concern, but likely a copyright concern. The Australian Copyright Council (https://www.copyright.org.au/ACC/Home/ACC/Home.aspx?hkey=24823bbe-5416-41b0-b9b1-0f5f6672fc31) has a lot of fact sheets available about copyright.

    Ultimately, if the logo on the fabric is artistic then whether it’s registered as a trade mark or not the issue is more likely to be that someone owns copyright in the logo as an artistic work, which may prevent others being able to use that artistic work on their own products or for commercial purposes etc. Each case is different in terms of what you can/cannot do but typically if you intend to use another person’s logo or art work for commercial purposes permission is normally required.

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