Legal Question in Intellectual Property in California

Re: License Agreement

Yes, you would need a license if you are going to make a commercial use of the fabric. For the purpose of discussion we will presume (never presume otherwise) the fabric maker had a license to use the character, but the extent of that license is likely limited to allowing people to use the fabric for their own personal use. Once the use exceeds that and goes to commercial, you would likely be exceeding the scope of the license and therefore infringing.

Characters involve both copyright (artistic aspects) and trademark (source identifier) issues. Therefore, you would need a license that permits both. I highly doubt the fabric maker has the ability to grant the license, but you could start there. Otherwise, you would need to determine the owner and approach individually for a license.

Apart from characters, the designs of fabric are also subject to copyright protection. If you are simply buying retail and making commercial products, you may be subjecting yourself on that end as well.

Let me know if I can be of any assistance.

Re: License Agreement

I respectfully disagree with Mr. Kindler. The copyright and trademark holders have already been paid by the fabric manufacturer. This is known as the "first sale docttine." But the holders will want to be paid twice, and they have more $ for lawyers than you do.

Re: License Agreement

I disagree with attorney Kindler. The copyright and trademark holders have already been paid. You own the fabric and you don't have to pay again. See the case, Precious Moments v. La Infantil, 971 F. Supp. 66 (D.P.R. 1997)

Re: License Agreement

I agree with Mr. Stone. If and when you are challenged, you would benefit from having a legal opinion on this that you paid an experienced attorney to get. That attorney can then deal with the challenges for you also because they already know the issues and facts. We focus on Internet matters, including intellectual property like this.

DavidWNance.com

Re: License Agreement

You may also want to obtain some insurance against various product-related claims, and if so, you'll probably need an attorney's opinion letter.