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Forum > Machine Embroidery > Is it considered a resale? ( Moderated by Pyrose)

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Is it considered a resale?
Mikgirl
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Mikgirl
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Date: 12/16/12 1:17 PM

Just wondering...

I'll be joining craft fairs and etsy in 2013.
If you buy a store brand solid tee, then embroider something and sell it, is it legal, or considered illegal resale?
I'm assuming it's ok since alot of clothing from craft fair is based on Hanes etc..
I just don't want to cross any line and get in trouble.

Miss Fairchild
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Miss Fairchild
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In reply to Mikgirl <<


Date: 12/16/12 1:53 PM

I think it's legal to sell, because you are changing it in some way. Many sites offer blank tees and blouses (Nancy's Notion, Dharma Trading are a few) just for that purpose.

Edited to add: I would suggest you cut the label out that bears any trademark info.
-- Edited on 12/16/12 1:54 PM --

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"Play the cards you are dealt, but choose who is sitting at the table"..AARP magazine

SEE MY ETSY SHOP HERE: http://www.etsy.com/shop/AuntMaymesAttic
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PattiAnnJ
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PattiAnnJ
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Date: 12/16/12 2:55 PM

What would the option be?

What would be crossing the line is to stitch out an embroidery design that cannot be used on an item you are going to sell.

This is usually noted by the owner of the design when it is offered for sale or free download.

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I dont give them Hell, I just tell the truth about them and they think its Hell. Harry Truman

"Improvise, adapt and overcome." - Clint Eastwood/Heartbreak Ridge

RipStitcher
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Date: 12/16/12 3:32 PM

Huh?!?!?

There's nothing wrong with buying and selling Tshirts. No matter what brand.

It's a property rights issue as far as the shirt goes. When have you ever bought a shirt and felt it a moral obligation to never let it out of your possession?

Wear the thing out, first. Pit stains. Spaghetti stains. Baby-urp-up stains. Sell it for twice as much as you paid for it.

It's all what the market will bear....

=-=-=-

Now... that said... there's also sorts of licensing BS when it comes to Disney, Pixar, etc. as it relates to embroidery, licensed fabrics that you constructed something out of, etc... That's a whole 'nuther enchilada.
-- Edited on 12/16/12 3:33 PM --

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Mikgirl
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Mikgirl
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Date: 12/16/12 3:34 PM

Thank you for your input!
I'll be selling mostly accesories with my own pattern with embroidery designs that's ok to be used to sell.
I thought about having some kids tees with embroidery...
It's cheaper to get the blank tees on sale from Target etc than the wholesalers so I was wondering how legal it was to use them.
Plus I think their styles are cuter...
Most of the tees now have a printed logo instead of a tag, so I don't know how I'd hide it?

Mikgirl
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In reply to RipStitcher <<


Date: 12/16/12 3:39 PM

Hmm.
I never thought about the lisenced fabric issue...
I noticed that especially Disney has a print on the fabric not to use for commercial use, but most of the fabric is ok as long as it's not stated on the fabric, right?

I'm just such a chicken when it comes to laws...
That's one reason I didn't sell my stuff for a long time, until I finally got my own pattern and know that's completely legal.

RipStitcher
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Date: 12/16/12 4:47 PM

You can embellish whatever you want and resell it. No probs there.

You could buy a Mickey Mouse Tshirt (that has already paid the royalities and/or licensing fees) and slap some crystals on it and resell it.

The problem with fabrics that say "not for commercial use".. is that they don't want a few women having fun on eBay or Etsy to cut into their clothing empire, I guess.

There was a gal on eBay (I think she lived here in Colorado) who tangled with Disney over the stuff she had been making. A little Googling would probably find her pretty easily. It's been awhile.. but I know she was headed to court over all of it.

Buying shirts, or sunglasses, totebags or Crocs or whatever at Target and embellishing them is not a problem.

------
~~~YAY! ~~~ I finally published my first pattern!
See demo video on: www.BionicGearBag.com
My personal blog: www.RipStitcher.com

Wish list:
Bernina 550QE (for it's cute little footprint)
Sashiko
Ovation serger


Love my Babylock Ellisimo Gold & ElnaPress

quiltingwolf
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In reply to Mikgirl <<


Date: 12/16/12 6:07 PM

You just have to make sure whatever designs you are using are ok to put on stuff you are selling. For ex. Embroidery library said you can sell items with their designs on them. There EW some other designers that you can't I think loralie is one. When you purchase the design your are agreeing to whatever their policy is on this.

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quiltingwolf.blogspot.com

RipStitcher
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In reply to quiltingwolf <<


Date: 12/16/12 6:20 PM

Quote: quiltingwolf
You just have to make sure whatever designs you are using are ok to put on stuff you are selling. For ex. Embroidery library said you can sell items with their designs on them. There EW some other designers that you can't I think loralie is one. When you purchase the design your are agreeing to whatever their policy is on this.

OMG...

I ***LOVE*** Loralie Designs !!!

If you go to the link above, then scroll all the way down to the bottom, her licensing policy is stated clearly.

I made 6 tote bags for one of my friends who was throwing an over-the-hill party for a friend of hers (at $40 a crack and I didn't supply the tote bags and didn't have to buy the design pack - she did!) ... these designs are just too wonderful!

------
~~~YAY! ~~~ I finally published my first pattern!
See demo video on: www.BionicGearBag.com
My personal blog: www.RipStitcher.com

Wish list:
Bernina 550QE (for it's cute little footprint)
Sashiko
Ovation serger


Love my Babylock Ellisimo Gold & ElnaPress

PattiAnnJ
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PattiAnnJ
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Posts: 7350
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In reply to Mikgirl <<


Date: 12/16/12 7:41 PM

Etsy has their own rules.

------
I dont give them Hell, I just tell the truth about them and they think its Hell. Harry Truman

"Improvise, adapt and overcome." - Clint Eastwood/Heartbreak Ridge

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