Secondhand fabric reselling.

'Is it legal', 'can I do this' type questions and discussions.
Post Reply
Old Mother Buzzard
New Member
New  Member
Posts: 1
Joined: Thu Dec 17, 2015 9:58 am

Secondhand fabric reselling.

Post by Old Mother Buzzard » Thu Dec 17, 2015 10:06 am

Hi I am a textile dealer and recently acquired some fabric in a garage sale with the 'Bunnikins' image & name on it but nothing in the selvedge and some 'Hello Kitty' fabric from the same source, again with nothing on the selvedge. Can I make something out of them to sell? e.g. an apron or cushion & can I sell it as fabric and if the answer to the first question is 'no' warn the purchaser that it should be for personal use only?

User avatar
AndyJ
Oracle
Oracle
Posts: 1733
Joined: Fri Jan 29, 2010 12:43 am

Post by AndyJ » Thu Dec 17, 2015 5:08 pm

Hi OMB,

The difficulty here is knowing whether the fabric was printed under licence or not. If not then making a product out of the 'branded' fabric or selling it un-made-up might infringe any registered trade marks, and possibly amount to secondary copyright infringement (dealing in infringing copies).

The safest thing would be to check with the respective intellectual property owners about the provenance of the fabric. If it is deemed to be genuine (ie made under licence) then you can use it however you wish, including re-sale in made-up form.

The intellectual property in Bunnikins is owned by WWRD IPCO LLC, 2711 Centerville Road, Suite 400, Wilmington, United States Of America, DE 19808. Their UK agents are: Locke Lord LLP, 201 Bishopsgate, London, United Kingdom, EC2M 3AB.
And for Hello Kitty, the IP owners are: Sanrio Company, Ltd. 1-6-1, Osaki, Shinagawa-Ku, Tokyo, Japan. They don't appear to have a UK agent, so you may need to contact their German representative: Böhmert & Böhmert Anwaltspartnersschaf MBB - Patentanwälte Rechtsanwälte, Hollerallee 32, Bremen, Germany, 28209
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

Post Reply