Can I use these fabrics to make toys?

'Is it legal', 'can I do this' type questions and discussions.
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Can I use these fabrics to make toys?

Post by DawnMaker »

The fabrics I use are from babywearing wraps. These are long, woven (often by hand) pieces of fabric used to wrap babies so they can be carried. There are lots of different deigns and really the toys would be partly utilising the patterns, some of which carry nostalgic appeal for the customer. Does this count as trading on the companies name?

I was going to use the design of the wrap (this is often a word such as Jungle, or a place name) in the name of the toy but not the brand. And then refer to the brand in the discription. Is that ok?

The main body of the toy is linen, but the wrap fabrics are a prominent feature.

Interestingly the fabrics I am using are scraps I buy up after people have had their wraps turned in to other types of carriers.

The wraps are made all over the world (particularly guatamala and germany) and I am in the UK. DOn't know if that makes any difference!

Any advice gratefully recieved! :)
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Post by AndyJ »

Hi Dawn,
If I have understood your description correctly you will be using original fabric in the form of offcuts so there should be no infringement of the any copyright which may exist in the print on the fabric since you are not copying.
Assuming the design of your toys when covered by this fabric does not copy the design of similar toys made by or on behalf of the owner of the copyright in the print (this would need to be a registered design, so it is easy to check this on the Intellectual Property Office website) then that shouldn't be a problem.
Finally you need to check (again on the IPO website) that none of the fabric designs are registered as trade marks. This seems highly unlikely and apart from the ones which incorporate words (if I have have understood that bit correctly) it will be quite difficult to search the figurative marks database. I suggest you limit your search to classes 24 (textiles and articles made with textiles) and 28 (games and toys).
If you have any full widths of the fabric which include the selvedge (the part where the printing machine grips the fabric during manufacture) this is the most likely place to find any information about registered designs or trade marks, along with the manufacturer's details.
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
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