Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


This article by Laura Marsh is flawed. that is the nicest thing we can say about this article. We take issue with six major flaws. Also, what laura marsh does not say in the article, and what is not apparent at the web site, is that both are located in the UK and nowhere does she state that her statements apply ONLY to copyright law in Great Britain. That omission makes this article deceptive and very misleading.

"...what you are allowed to with your sewing pattern will vary depending on the pattern itself and the company that made it."

No, there is nothing in the law that gives the company the right to control the use of the pattern once it has been released into the stream of commerce.

"You as the consumer are allowed to purchase a sewing pattern and create the item for your own use (personal), you are not allowed to sell the item for a profit."

According to what law? No where is that written. Nor is there any federal court cases that went to trial where that was stated. This is a major myth.

If you wish to become a dress maker, for every dress you make to order (e.g. a client wants a ball gown), you have to purchase a new pattern, you are not allowed to re-use patterns, each pattern classes as a license to make that dress.

Again, according to what law? No where is that written. Nor is there any federal court cases that went to trial where that was stated. This is a sorry, sorry myth.

However, if you want to go into manufacturing, e.g. you want to make 10 identical dresses in different colors to sent to a consignment store, you will need to seek special permission from the pattern company or you will be breaching their copyright.

This is a diversion. Anyone who seriously wants to go into manufacturing gets professional patterns done that will withstand the abuse. Who makes ten identical dresses in different for consignment? What size do you choose? Etc.

There is also some confusion as to whether the copyright applies to the pattern or to the garment that is made, as many people believe that each garment that is made will be different, so the copyright won't apply. The copyright applies to both the pattern and the garment, as it is Intellectual Property, someone took the time to create that pattern, based on an idea to create a garment (or other item), which means the copyright applies to everything.

No. The Supreme Court in 1879 made that clear that a copyright in a dress pattern does not extend to the finished piece.

If you are in doubt about copyright, it's best to ask the manufacturer or designer, they should be able to tell you what you are or are not allowed to do with the pattern.

That is how these lies get perpetuated. By people believing that they must get permission to use the product that they bought.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description
Registration   |   Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses
Patterns   |   Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2016

 

vBulletin statistics