Marion Posted September 14, 2014 Share Posted September 14, 2014 My friend is making beany bags, using sport teams (fabric) from various teams. Does she needs a permission from these teams to make these bags? Quote Link to comment Share on other sites More sharing options...
Jcandleattic Posted September 14, 2014 Share Posted September 14, 2014 If she is selling them, then yes, she needs to have a resale license for the merchandise, or risk getting fined. Quote Link to comment Share on other sites More sharing options...
justajesuschick Posted September 14, 2014 Share Posted September 14, 2014 Yes! Same is true with using those logos and others on wax product. I see a LOT of brand names and licensed images and marks being used in the wax world. It is more than wrong to make a profit from a property that one does not own, it is illegal. 1 Quote Link to comment Share on other sites More sharing options...
Guest OldGlory Posted September 14, 2014 Share Posted September 14, 2014 I live in TN and the laws might vary slightly from state to state, but I would like to share a story with you.There was someone at a huge local flea market selling something (might have been hand towels with the local college team logo on it) and somehow she was reported. Whatever group has authority over this showed up and confiscated all of her merchandise. All that work, all the cost of materials, and it was gone in a second. It's not just a matter of getting fined, they can take it all away from you. Be very careful when dealing with copyrighted or trademaked logos. Quote Link to comment Share on other sites More sharing options...
Jcandleattic Posted September 14, 2014 Share Posted September 14, 2014 I live in TN and the laws might vary slightly from state to state, but I would like to share a story with you.It's not state law, it's national corporate law. (I'm not saying that right, but ykwim) Quote Link to comment Share on other sites More sharing options...
Guest OldGlory Posted September 14, 2014 Share Posted September 14, 2014 Ikwym Quote Link to comment Share on other sites More sharing options...
TallTayl Posted September 14, 2014 Share Posted September 14, 2014 Same holds true for fragrance copies. Quote Link to comment Share on other sites More sharing options...
Candybee Posted September 14, 2014 Share Posted September 14, 2014 (edited) I used to know a flagmaker who used Disney and sports teams logos and images; characters. She would painstakingly secure permissions for each image before she would use them. She said it could take months. Don't know if that has changed. I believe there are fees involved too. Edited September 14, 2014 by Candybee Quote Link to comment Share on other sites More sharing options...
jbrooks Posted October 19, 2014 Share Posted October 19, 2014 (edited) Same holds true for fragrance copies.Fragrance/scent can't actually be copyrighted, it's the name that is copyright protected. Just FYI Edited October 19, 2014 by jbrooks Quote Link to comment Share on other sites More sharing options...
Candybee Posted October 19, 2014 Share Posted October 19, 2014 A fragrance is technically a formula and yes it can be copyrighted. A dupe of a popular fragrance or perfume is not an exact copy but carefully simulated to smell the same. Quote Link to comment Share on other sites More sharing options...
jbrooks Posted October 20, 2014 Share Posted October 20, 2014 (edited) A fragrance is technically a formula and yes it can be copyrighted. A dupe of a popular fragrance or perfume is not an exact copy but carefully simulated to smell the same. Now, these are actually 2 different things. Yes, I totally agree that a formula can be copyright protected (I am not sure if they actually are, or if they are just 'owned'). A fragrance or scent cannot. There was recently a Lancome (L'Oreal) lawsuit regarding this exact issue (specifically suing a company for making a knockoff of Tresor, although not keeping that name) and L'Oreal lost. If they can't enforce copyright law in relation to fragrance and win with all of their company money, it is pretty safe to say it is not enforceable under copyright laws. Copyright laws protect an intellectual work that is precise and clearly identifiable. It has been ruled in court (in this particular case) that fragrance is subjective, neither precise nor clearly identifiable. You can google the case to read more legal jabber on the topic, but as it stands, no fragrance in and of itself is going to be copyright protected. Just wanted to clear that up But absolutely, names and logos/likeness are copyright protected and legally actionable. Edited October 20, 2014 by jbrooks Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.