Legal Question in Business Law in California

I am plan to start an online business where I will sell hand-made crafts made by me. Some of these items will be my own originals. However, I am wondering if I can legally sell something that I made from a pattern created by another person. For example, I want to make and sell knitted caps, scarves, mittens, etc. for children but I don't know how to create the patterns. If I buy a book of patterns off the shelf at Barnes and Noble, follow the pattern and make the cap, scarf, etc., can I legally sell it? I would give the designer credit for the pattern in the product description on my website. Is that enough, or do I need to contact the pattern creator and ask their permission?


Asked on 10/05/13, 9:12 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

Thanks for your question.

I really do not think this is that straight forward of a question.

In the US, one can certainly clam an interest in the designs of certain patterns. The first sale doctrine would protect you from say reselling that pattern. But does making multiple works from it mean that they are derivative and therefore infringing?

Obviously, if this is only for your own personal use (yourself or gifts to friends and family, etc.) I would not be concerned. But if you intend on making an enterprise out of this even on a very small scale, I think you should have a lawyer look into exactly what you do and how you do it to make sure you are not infringing.

While my instincts tell me you should likely be ok here, I really would not conclude that without the latitude to look a little further into it.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis

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Answered on 10/07/13, 8:02 am


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