can a pair of pants really warrant a Google search of legal issues with trademarked fabrics?

I finally got around to making a pair of pants for Emma. I still have about 4 unfinished pairs sitting on my serger table, but I was able to crank out one pair for this past weekend. We went and watched our niece play tennis, and it was a bit chilly. And since USC was playing later that evening, I went ahead and made these (but I do have the same fabric with Georgia Bulldogs).

Every woman that we met that day commented on the pants and how cute they were. I guess I should have taken along some business cards, huh?

Then, my attorney brother-in-law brought up a good point … can you sell items made with trademarked fabric? According to this website, “When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric.

While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc.

Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term “licensed fabric” legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is “licensed” to the purchaser. “Licensed” products require an agreement between the owner of the product and the potential purchaser. Fabric is not “licensed”; fabric is sold.”

So I guess as long as I buy the fabric, I have the right to sell it as long as I don’t claim that I weaved the fabric myself. Or something.

Anyone who has experience with this, please feel free to weigh in!

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