Can non-commercial fabric be used to make quilts and be sold at crafts fair and flee market?

Asked over 3 years ago - Chicago, IL

i would like to make quilts and sell at crafts and flee markets but with other non commercial fabrics combined will that be breaking the law

Attorney answers (3)

  1. John Robert Crossan

    Contributor Level 11

    Answered . This is not so much an IP question as one of consumer protection and retailing law. There is no IP law prohibition on reselling something you have bought and converted to something else, but quilts and other bedding and household articles are subject for instance to laws well outside of patents and trademarks and copyrights, which is what IP law deals with. Flammability or not would be a big issue, whether with commercial or "non-commercial" fabric, whether sold at retail or in craft and "flea market" outlets, if the end use is subject to such laws. There also are national and perhaps local labelling requirements to comply with. Re-post your query in a consumer products area and you'll get a more informed, helpful rsponse. Best wishes.

    The above is not legal advice but general observation. No attorney-client relation is established by this post between me and you or any other reader of this post.

  2. Laura Mcfarland-Taylor

    Contributor Level 20

    Answered . Without seeing the fabric you are using, it is really not possible to answer your question fully.

    However, this is absolutely an IP issue - it comes up a lot in quilting/sewing. Technically, you cannot use most fabric in items that you intend to sell. In the real world, this mostly comes up when a quilter/sewer is using a fabric that has cartoon characters (Disney and the like) on it because the fabric maker has licensed those characters for use on their fabric. If you read the information on the selvage, you will see language to this effect.

  3. Pamela Koslyn

    Contributor Level 20

    Answered . What's a "non-commercial" fabric? Some licensed fabric is sold with a restriction that it can only be used for personal items, not for those items that are sold commercially. If that's what you mean, then no, you can't use that fabric for commercial use.

    Please see the "how to" guide linked below.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,865 answers this week

2,742 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,865 answers this week

2,742 attorneys answering