Copyright question

[chrissyf]

I know that it is illegal to use copyrighted/trademarked images in things for sale but is it ok to create for gift purposes say a pillow with a team logo or cartoon character? I was planning to make a pillow with my uncle's favorite football team logo on it for him for Christmas. Can anyone help me? The last thing I want to do is break the law. Thanks

Chrissy

[donnalynn2]

Yes, it's perfectly fine to make something with a trademark on it and give it as a gift. Now if you tried to sell the item or the pattern to make it, then there would be a problem, but giving as a gift isn't. (I have given several trademarked things as gifts, the latest, a huge Tampa Bay Bucs Afghan for my hubby for Christmas!)

 

Have fun!

[chrissyf]

thank you Donna that is a huge load off my mind now I can create away for family christmas gifts secure in the knowledge that I won't go to jail

Chrissy

[Amy]

I know that it is illegal to use copyrighted/trademarked images in things for sale but is it ok to create for gift purposes say a pillow with a team logo or cartoon character? I was planning to make a pillow with my uncle's favorite football team logo on it for him for Christmas. Can anyone help me? The last thing I want to do is break the law. Thanks

Chrissy

 

Technically, yes, this would be an infringement upon someone's rights under trademark and/or copyright law. However, I think that most copyright/trademark owners are not going to consider something like to be a legally actionable offense. Meaning they won't sue you and seek damages over it.

 

If you were giving hundreds of items away as gifts, they might send you a cease and desist letter.

 

Of course, none of us answering are attorneys giving official legal advice. For an official answer to this question, you would need to either contact an attorney specializing in intellectual property law or the NFL's attorney in charge of enforcing their trademarks/copyrights. (I have her contact information on file somewhere if you'd like me to get you her email address.)