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   ,Fabric with a sports logo on it.
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   Author  Topic: ,Fabric with a sports logo on it.  (Read 695 times)
Henderson107
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,Fabric with a sports logo on it.
« on: Jan 7th, 2004, 3:34pm »
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If I were to go to a local fabric store a purchase some material with an NFL, NASCAR NBA ect. logo on it and make something with, can I sell it on Ebay legally?
 
Thanks
Gina
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tabberone
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Re: ,Fabric with a sports logo on it.
« Reply #1 on: Jan 8th, 2004, 6:30am »
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Yes and no.
 
Yes you can sell legally on ebay.  Check out my auctions under tabberone for a disclaimer that IMHO is a dang good idea to use - it's on any of my licensed fabrics.
 
The legality of it however doesn't stop some of these corporations from shutting down people.
 
The NFL and MLB have backed down from shutting down auctions.  MLB because I hauled them into federal court.  The NFL because they found out what happend with MLB.
 
I've taken on Robert Yates Racing #88 of NASCAR.  They shut down an auction but reinstated me in 2 days.  Someone else who had gotten shut down took 2 months of sending emails but they got reinstated.
 
I haven't had a problem with the other drivers who authorized licensed fabric.
 
As far as I know basketball and hockey have avoided the entire issue by not licensing fabric.
 
Check out my battles here:
 
http://www.tabberone.com/Trademarks/trademarks.html
 
Oh, I've also  taken on and backed down Disney Enterprises.
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Rudy Calzada
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Re: ,Fabric with a sports logo on it.
« Reply #2 on: Jan 8th, 2004, 9:17am »
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Karen,
 
Thank you for the wealth of excellent information regarding my question. Congratulations on your quest to beat down the big guy's and continue your successful business and website.
 
Thanks again,
 
Gina
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M. Arthur Auslander
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Re: ,Fabric with a sports logo on it.
« Reply #3 on: Jan 14th, 2004, 2:34pm »
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Dear Henderson 107,
 
I believe that even if there was a wrong done that no one would take action with regard to the sale of a singal unit, whether or not there was an infringement.
 
This is a practicle answer not the rule.
 
« Last Edit: Jan 19th, 2004, 2:10pm by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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tabberone
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Re: ,Fabric with a sports logo on it.
« Reply #4 on: Jan 15th, 2004, 6:23am »
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.On eBay Verified Rights Owners (VeRO) members are taking action and shutting down single units every single day.
 
I had an apron, one apron, cancelled by Robert Yates Racing.
 
And the point here is that the use of copyrighted fabric is not an infringement. One item or 50 items
 
The companies don't like it so they shut down auctions claiming all sorts of things but they are not infringing.
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