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My wife and i want to make and sell some pillows and throws out of nascar,baseball,football & basketball material.Is it legal?If not what can we do?

2007-03-29 15:36:57 · 7 answers · asked by nascarman 1 in Politics & Government Law & Ethics

7 answers

It is illegal to sell anything containing a brand or logo that you have created or altered, as those things have ownership rights associated with them. If you want to sell anything related to Nascar, for instance, you must enter into a legal agreement and pay Nascar and/or its partners a royalty which may be a percentage of sales or an up front lump sum. In practice, if you make a Nascar branded product into a throw and sell it on e-bay, I doubt Nascar will hunt you down and prosecute you.

2007-03-29 15:45:06 · answer #1 · answered by Anonymous · 0 0

The most important question would be are you using pre-printed, licensed fabric to make the items? If so, you should be ok, as long as you specifically state in your ad (or post visibily if you are selling in person, like at a craft fair or flea market) that the items you are selling are made from licensed fabric; however, not officially endorsed by (whatever entity that is listed on the fabrics).

If you are not using pre-printed, licensed fabrics, you would need to contact the entity you are making pillows and throws of and would need to get their approval (in exchange for a percentage of sales, usually) via a written contract. If you did not, it would not be legal as it would be copyright infringement.

This was a huge issue in the bakery industry within the past 10 years, where baker's would use the image of copywrited characters (Barney, Mickey Mouse, Power Ranger, Batman, etc.) on birthday caked and the entertainment industry started pursuing illegal use of the characters. If you go to the bakery now and want a copywrited charachter on your child's cake, it will be in the form of a charachter "kit" for the charachters or images themselves, with the bakery having some free-license aristry for backgrounds, but you will likely pay $4-$10 more for that cake and all of that money goes to cover the costs of buying the patented characters.

2007-03-29 17:26:10 · answer #2 · answered by bottleblondemama 7 · 0 0

Yeah, the lawsuit plus even if you want to sell your goods without the logos, you need to have a registered business, like a special number in your name in the state, for tax purposes. I think it varies state to state though. Call up an accounting firm, the people that do your taxes should know also!

2007-03-29 15:46:06 · answer #3 · answered by The HSA Guy 2 · 0 1

if logos are on it, or if these are materials sold by those industries----no.

and you will be hit with a montrous lawsuit if you try

2007-03-29 15:41:34 · answer #4 · answered by Anonymous · 2 0

well not with logos u can get in troubleee
sell it on ebay!

2007-03-30 09:13:19 · answer #5 · answered by ♥Kay-Luh<3 2 · 0 0

Ebay is the best way....nobody can get u better

2007-03-29 15:45:17 · answer #6 · answered by DIMITRI R 1 · 0 2

ebay.com

2007-03-29 15:44:41 · answer #7 · answered by Anonymous · 0 1

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