maryann Posted January 28, 2006 Share Posted January 28, 2006 Awhile ago I posted a pic of a Disney character embedded in soap and someone brought up a GREAT question about using trademarked items inconjuction with my items and turning around to sell them. Does anyone know the legalities of this?? TIA Quote Link to comment Share on other sites More sharing options...
BruceCarvesWax Posted January 28, 2006 Share Posted January 28, 2006 Interesting question isnt it? I know alot of candle carvers that put baseball cards, hot wheel cars, disney figures, ect into and on the candles and resell them. I never did it, but wondered about it.... soooo I guess I'm just bumping for you cause I would like to know too! Bruce Quote Link to comment Share on other sites More sharing options...
Scented Posted January 28, 2006 Share Posted January 28, 2006 Interesting isn't it. Curious on this as well, since there are a lot of crafters out there mixing trademarked items with things. I haven't done it yet, but there's been temptation lol. Quote Link to comment Share on other sites More sharing options...
Suzanne Posted January 28, 2006 Share Posted January 28, 2006 I think this has been discussed a few times on here in the past. If I remember right, if Disney doesn't come after you, you're ok. But I believe if they did come after you, they'd tell you to stop making and selling whatever it is you're selling that is associated with them if you haven't got permission from them to do so. And you would have to stop selling it immediately or they would be able to sue you. Personally, I wouldn't use anything that's trademarked liked that. Quote Link to comment Share on other sites More sharing options...
DeeB Posted January 28, 2006 Share Posted January 28, 2006 Every company has a different policy on using their products.When I used to sell my artwork on EBay I was registered with Vero and had to have a vero about me page. I was just a little shmuck selling some artwork so all mine said was that I owned all copyrights to my work, photos of my work couldn't be downloaded or copied from auctions, blah, blah, blah.Big companies usually have all their trademark and licensing policies stated in theirs.Mars (M&M) is pretty liberal with theirsYou could use a little M & M guy embedded in soap as long as you follow their policy.It would have to be labeled or advertised like this“Soap handcrafted with M&M’S® licensed figure.” No Mars trademark can be used as an adjective for a handcrafted product, such as: "M&M'S Soap". That would be a trademark infringement. And you must have a conspicious disclaimerThis item was handcrafted by the seller with licensed [insert the product used]. The seller is not affiliated with the manufacturer of the licensed product. Here's a link to Disney's vero pagehttp://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=disneyveroDisney is very protective of their products, always has been and probably wouldn't allow it. If you really want to use Disney products you might want to contact them personally to find out. Those policies pertain to the general public, not just ebay. Going to the vero pages is just an easy way to find their policies and most companies have one. Quote Link to comment Share on other sites More sharing options...
maryann Posted January 28, 2006 Author Share Posted January 28, 2006 Thanks for the info .---------------------------------------------------------------------------------------------I think I'll contact Disney to see what they say (Note to myself: remember to call Disney - put towards the top of that long list that was lost a year ago ) Quote Link to comment Share on other sites More sharing options...
lindsaycb Posted January 28, 2006 Share Posted January 28, 2006 But now I could go to Walmart and buy an embroidery machine that comes with disney graphics. I'm assuming they don't mind me making personal things with these...I just can't sell them?(Now I'm not even sure if Disney is the graphics on this machine truly...I just remember seeing Tigger. Is he with Disney?) Quote Link to comment Share on other sites More sharing options...
Beth-VT Posted January 28, 2006 Share Posted January 28, 2006 I can almost guarantee you that Disney will say no. Many years ago, I knew a young gal who's baby had to be taken pre-term due to Osteo genesis imperfecta (brittle bone disease). She loved the Classic Winnie the Pooh and had me do a hand sketch to have put on the babies headstone. The headstone maker wouldn't do it w/o permission due to copyright issues so...they contacted Disney and explained the situation, and Disney said NO! Thought it was kind of crappy myself.But in answer to the original question, it's not legal to commercially sell items that have trademarked/copyrighted images or items, etc. I know a lot of people sell candles in COke glasses for example, but it's illegal w/o permission. Same thing with Nascar items, Collego Logo's, etc. Quote Link to comment Share on other sites More sharing options...
Paulette Posted January 28, 2006 Share Posted January 28, 2006 My son-in-law works at Disney so I will ask him. Quote Link to comment Share on other sites More sharing options...
DeeB Posted January 28, 2006 Share Posted January 28, 2006 But now I could go to Walmart and buy an embroidery machine that comes with disney graphics. I'm assuming they don't mind me making personal things with these...I just can't sell them?(Now I'm not even sure if Disney is the graphics on this machine truly...I just remember seeing Tigger. Is he with Disney?)You can make personal items with them but you can't sell them.The machines usually have a disclaimer somewhere in the instructions something like this "The embroidery designs built-in within this embroidery machine are for personal use within the home only, and may not be used for business or industrial use in any way."I've been told that Disney has a staff that monitors EBay, internet sites and that they also have a staff that visits randomly selected craft fairs, craft malls and flea markets, they carry cease and desist letters with them. If they find a violation they hand the crafter a letter and have them remove the items from their stand. Quote Link to comment Share on other sites More sharing options...
candlesprite7 Posted January 28, 2006 Share Posted January 28, 2006 My mom had a customer who comissioned her to put the AR razorback logo on a quilt, I helped her get in contact with the college to get written permission to use it. They said since she was only making one quilt it wasnt a big deal and they just wrote her a letter, but if she was going to make lots of quilts with it she would have to get other permissions...I hope that made sense...and now of course I cant remember who she would have had to contact for the pther permissions..LOL Quote Link to comment Share on other sites More sharing options...
Mona Posted January 28, 2006 Share Posted January 28, 2006 I'm not able to answer your question, but here's a good site about trademarks, VERO, etc.http://www.tabberone.com/Trademarks/trademarks.html Quote Link to comment Share on other sites More sharing options...
RobinInOR Posted January 28, 2006 Share Posted January 28, 2006 Think of it this way. A company trademarks something so they are the only ones that can make money off the recognition of the trademarked item. You in using that item/look are banking on the fact that others will recognize it, and purchase *your* product because of it.If you had a trademarked name for a product, or a trademarked logo for something, would you want someone else using it? If you didn't care, why would you trademark it in the first place? Quote Link to comment Share on other sites More sharing options...
Candle Man Posted January 28, 2006 Share Posted January 28, 2006 I buy licened products wholesale and sell them in my store (Balloons, plush etc.) So why is there a problem if you are a retailer? Quote Link to comment Share on other sites More sharing options...
CSAS Posted January 29, 2006 Share Posted January 29, 2006 I purchase Nickelodeon items wholesale to place into my soaps. Now why is it any different if I am selling them in a soap or just plain selling them, like the wholesaler is selling them to me for in the first place. My thought is - My wholesaler has a license (or whatever they need to purchase) to produce these products from Nick and to resell to me, the retail owner. I then purchase the items to resell to the public. What freakin' difference does it make if I sell them in the package they come in or in a soap? Nick made the money they were supposed to make from the whole thing, why should they care if I stuck it in a soap or hung it on peghook to sell!Just my opinion. Quote Link to comment Share on other sites More sharing options...
SheilaW Posted January 29, 2006 Share Posted January 29, 2006 A daycare here in town had Disney characters painted on the outside of their building and somehow Disney got wind of it and sued them so they had to paint over all of the characters. Quote Link to comment Share on other sites More sharing options...
maryann Posted January 29, 2006 Author Share Posted January 29, 2006 A daycare here in town had Disney characters painted on the outside of their building and somehow Disney got wind of it and sued them so they had to paint over all of the characters. WOW they are serious huh? I would think they've made enough $ (I know they have w/ us- LOL). BUT then again it looks like your right around the corner from them so it wouldn't be hard to check on and catch. I do see both sides of this "arguement" though. (meaning all the posts) Quote Link to comment Share on other sites More sharing options...
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