Making face masks out of licenced fabric

'Is it legal', 'can I do this' type questions and discussions.
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tiredfairy
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Making face masks out of licenced fabric

Post by tiredfairy »

Hi everyone, wonder if any legal beagle can help.
Aldi sold licenced Harry Potter material a while back. It says not for sale or distribution; for personal use only. People have bought it and used it to make facemasks.
These are the questions;
Can we use this fabric to make a product and GIFT it to friends and family?
Can we use this fabric to make a product and ask for donations or expenses towards the cost of materials only - so strictly no profit?
Can one person but a lot of licenced/copyrighted fabric and make a lot of masks to gift to a hospital?
Can a lot of people from one FB group use licenced fabric to make masks and scrubs and gift to a hospital?


The FB post about this is very confusing and there are lots of 'yeah but ....' going on so any help is appreciated.
Many thanks in advance!
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AndyJ
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Re: Making face masks out of licenced fabric

Post by AndyJ »

Hi tiredfairy,

We discussed this topic here a little while ago so take a look at what was said there as that should provide a more complete answer to your questions. But to put it simply, yes, you can do all four things, provided that you avoid calling the face masks Harry Potter masks where money changes hands. That way you avoid any hassle over registered trade marks. Gifts are not affected by this as they are not in the course of trade, so trade mark law doesn't apply.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
tiredfairy
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Re: Making face masks out of licenced fabric

Post by tiredfairy »

Thanks for this. I did read the post a while back, however these were the specific questions which arose from a discussion about that post.
Much appreciated
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