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Re: sale of arts and crafts decorated with licensed characters or logos


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Posted by M. Arthur Auslander on September 10, 2001 at 02:51:17:

In Reply to: sale of arts and crafts decorated with licensed characters or logos posted by Marie on September 09, 2001 at 00:17:50:

: I sell hand-decorated clothing items at flea markets. I cut out designs from fabric, make them into patches, and applique them to the clothing. Occasionally if fabric is not available, I purchase articles of clothing which have been printed with characters or logos, cut the designs out, and use them as appliques to decorate other clothing. Is it legal to sell items that have been decorated with character appliques cut from licensed trademarked fabric or clothing items which have been purchased retail? I was under the impression that because I purchased the licensed fabric retail, whatever I do with it falls under "secondary market", so sale of it is legal.

Dear Marie,
Without taking ANY professional responsibility for this answer, my guess is that what you do sound all right. Lawyers stay in business because there is usually more than way to look at a legal situation.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop™
E arly L egal A dvice I s N ot E xpensive™



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