# Can I Sell Handmade Items Made of Licensed Brand Fabric?

- Link: https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/
- Published: 2019-01-11T10:10:34-08:00
- Author: Albert J Lum

# Can I Sell Handmade Items Made of Licensed Brand Fabric?

![](https://www.lumlawgroup.com/wp-content/uploads/2019/01/IP_sweaters_Blogs-1024x819.
webp)

A local [Etsy.com](http://www.etsy.com) seller recently reached out to us regarding
a copyright infringement issue. Etsy had removed several products from her shop,
and [Facebook.com](http://www.facebook.com/lumlawgroup/) suspended her account. 
Both platforms indicated that her products violated the intellectual property (IP)
rights of a popular sports team. Understandably, she had several questions about
the situation:

### 1. Does the Etsy Seller Agreement Protect Her?

Etsy has its own [Intellectual Property Policy](https://www.etsy.com/legal/ip/?ref=list)
that requires sellers to “_comply with intellectual property laws and industry best
practices_.” However, this policy doesn’t necessarily protect sellers who unknowingly
infringe on someone else’s intellectual property.

If you’re unsure about what constitutes [copyright ](https://www.lumlawgroup.com/do-i-need-a-trademark-or-a-copyright/)
or [trademark](https://www.lumlawgroup.com/do-i-need-a-trademark-or-a-copyright/)
infringement, we recommend reading our blog posts on these topics, as well as our
guide on the [importance of protecting intellectual property](https://www.lumlawgroup.com/intellectual-property/).

In general, the most common intellectual property violations on Etsy include selling“
fan art” of copyrighted characters (like Harry Potter) or items featuring trademarked
logos (like Nike’s swoosh). Even if your design is your interpretation and not an
exact replica, it could still be considered infringement, especially if you’re profiting
from it.

### 2. Can She Be Sued by the Trademark or Copyright Owner?

Yes, it’s possible. Intellectual property owners or their legal teams typically 
start by issuing a “cease and desist” letter. This letter demands that the seller
remove the infringing products. They may also report the violation to platforms 
like Etsy or Facebook, which would result in your listings being removed.

If you sell on your own website or domain, the cease-and-desist letter will be sent
directly to the business address associated with your domain or business registration.

You risk being sued for copyright or trademark infringement if you ignore the cease-
and-desist letter or continue selling infringing products. If you’ve received such
a warning, it’s a good idea to [consult an attorney](https://www.lumlawgroup.com/contact-us/)
to understand your options and next steps.

### 3. Is Selling Clothing Made from Licensed Fabric on Etsy Illegal?

Many sellers wonder if they can use “licensed fabric” to create and sell products
on Etsy. Licensed fabric often contains trademarked logos (e.g., NBA teams) or copyrighted
characters (e.g., Disney characters).

Here’s the key issue: licensed fabric is usually sold with restrictions. If you 
read the fine print on the packaging or product listing, you’ll often find disclaimers
like:

 * **“FOR INDIVIDUAL USE ONLY.”**
 * **“NOT FOR COMMERCIAL USE.”**

These disclaimers mean you cannot legally buy the fabric, make products from it,
and sell those items for profit. Even giving away items made with licensed fabric
for free may violate the “individual use only” restriction. So, using licensed fabric
for commercial purposes without explicit permission is not allowed.

While some sellers mention the [First Sale Doctrine](https://www.justice.gov/jm/criminal-resource-manual-1854-copyright-infringement-first-sale-doctrine),
this doctrine only applies to the resale of an original item, not to reproductions
or new products created from a licensed material.

### 4. What Are Her Options?

If she wants to avoid intellectual property issues and continue running her Etsy
business, here are a few options:

 * **Request permission:** Reach out to the intellectual property owner to get permission
   or licensing to use their logos, characters, or designs.
 * **Consult an attorney:** Hire an attorney to negotiate with the IP owner or appeal
   to platforms like Etsy and Facebook to regain access to her accounts.
 * **Create original designs:** Start designing her own characters or patterns and
   protect them with copyright.
 * **Use non-licensed materials:** Choose patterns and fabrics that are explicitly
   free of copyright or trademark restrictions.

### Final Thoughts

Selling products on Etsy or any online marketplace requires careful consideration
of intellectual property laws. If you’re unsure whether your business complies, 
it’s essential to seek legal advice.

Have more questions about intellectual property or your rights as a seller? Leave
a comment below with your general questions, or [contact us](https://www.lumlawgroup.com/contact-us/)
for personalized answers. We’re here to help!

##  24 Responses

 1.    **[Lynette and John D'Angelo](http://None%20as%20of%20now.)** says:
 2.   [December 17, 2019 at 3:02 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-7382)
 3.  We just received as a gift, hundreds of Disney, fleece material. Some complete
     panels, some in yardage. Our hope is to sell it as is, depending on the quality,
     the popularity (We have a lot of Frozen and Frozen 2), so, can we resell it legally?
     If not, what value does it have?
 4.  Thank you,
 5.  John and Lynette D’Angelo
 6.  [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-7382)
 7.   a.   **Treesa** says:
      b.  [May 23, 2020 at 5:40 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-8424)
      c. What was the answer to this question?
      d. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-8424)
      e.   **[Lum Law Group](https://lumlawgroup.com/Staging)** says:
      f.  [March 15, 2021 at 6:30 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-10371)
      g. In order to be able to use the material, you would have to establish that it 
         was purchased by whoever gifted it to you, and was purchased for the purpose 
         of creating whatever it is you are creating. The safest answer is that it came
         from an authorized licensee and is being used for the purpose that it was sold.
         If it is a one off art piece, that is a different story, but if you are re-purposing
         material for another commercial purpose, I would be very wary of attempting to
         sell it.
      h. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-10371)
 8.    **Mel** says:
 9.   [March 22, 2020 at 10:33 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-8007)
 10. Is it legal to draw your own version of a character, have it printed on fabric
     and use that fabric to make something? Whether as a gift or to sell? Can you sell
     your drawings of that character so others can order fabric or other items too?
 11. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-8007)
 12.  a.   **[Lum Law Group](https://lumlawgroup.com/Staging)** says:
      b.  [March 15, 2021 at 6:31 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-10372)
      c. No, under most, if not all circumstances that would be considered a copyright
         violation.
      d. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-10372)
 13.   **Dorothy McMillan** says:
 14.  [May 23, 2020 at 6:58 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-8425)
 15. I recently bought some Bluey fabric from eBay am I allowed to make kids clothes
     or put the fabric on towels and resell it I’ve seen people on selling sites saying
     it’s copyright and you can’t sell it
 16. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-8425)
 17.   **Sandi** says:
 18.  [December 17, 2020 at 1:30 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-9813)
 19. I was told by a licenced fabric company that I can use their fabric to sell hand
     made items as long as they are worded correctly. ie “made with Frozen (for example)
     fabric”
      NOT “Frozen (item ie dress/bag etc)” Is this correct pls
 20. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-9813)
 21.  a.   **[Lum Law Group](https://lumlawgroup.com/Staging)** says:
      b.  [March 15, 2021 at 6:23 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-10369)
      c. If you have purchased a fabric, you do have a right to sell a good made from 
         that fabric. It is important for you to retain records to show from whom you 
         purchased the fabric. A copyright holder may take action against anyone who infringes
         the owner’s copyright, so it is best if you purchase fabrics from reputable sellers.
      d. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-10369)
 22.   **Eileen Bauman** says:
 23.  [July 21, 2023 at 1:59 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-15841)
 24. I just bought on-sale fabric at Hobby Lobby that has a stamp on the side that 
     says: “Copyright protected. Fields in Bloom.D#74888”
      Does that mean I can’t use
     it to make something to sell? It’s not Disney or Football, just a pretty print,
     it was sold in the fabric section where you buy to make and sell or gift or use
     for self. Your answer above says: “In order to be able to use the material, you
     would have to establish that it was purchased by whoever gifted it to you, and
     was purchased for the purpose of creating whatever it is you are creating. The
     safest answer is that it came from an authorized licensee and is being used for
     the purpose that it was sold.” Is it the design on the fabric that is protected
     or the fabric itself? Why would they even sell it if it can’t be used to make 
     your own creation? I don’t get it.
 25. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-15841)
 26.   **Becky** says:
 27.  [August 27, 2023 at 6:45 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16058)
 28. This whole article seems to contradict itself. What good is the licensed fabric
     if you can’t buy it – make something out of it and then do whatever u want with
     it? This last post says that ‘you do have a right to sell a product made from 
     purchased fabric. Do u or don’t you. The store – say Joann’s has bought -paid 
     for- the fabric. I buy it to make something out of it. I want to sell it. Do I
     have to have a license for it or pay a fee to use it? I don’t understand.You go
     on to say – keep receipts from reputable sellers. ?????
 29. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16058)
 30.   **Catherine** says:
 31.  [September 24, 2023 at 6:33 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16314)
 32. I’m not actually sure that verbiage on a fabric selvage is definitive under the
     law. Could you please share the law that makes this so? Thank you.
 33. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16314)
 34.   **Kimberly** says:
 35.  [September 28, 2023 at 2:58 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16336)
 36. Is it still considered copy-write infringement if I cite the fabric creator in
     the description of the product?
 37. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16336)
 38.   **Marty** says:
 39.  [October 17, 2023 at 7:50 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16444)
 40. Do I understand that if you buy licensed fabric from a retail fabric store then
     you have a right to make items from that fabric for resale. You just need to describe
     it, item as made with licensed fabric. This issue comes up every time there’s 
     a craft show. Thanks in advance for clarifying this issue.
 41. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16444)
 42.   **heidi** says:
 43.  [November 30, 2023 at 5:39 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16702)
 44. My class has made coasters with decoupage pictures on them. Some have NFL teams
     and NCAA teams on them. We are selling them to strictly raise money for a charity.
     Would this be infringing on copyright laws? We copied and pasted the pics from
     the internet and printed them out.
 45. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16702)
 46.   **heidi** says:
 47.  [November 30, 2023 at 6:00 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16703)
 48. Just to give a little more background. My class is a special needs class and learning
     about giving back to the community. The money we raise is being used to buy food
     for Kids Food Basket. We are only selling them in building and not on Etsy or 
     Facebook.
 49. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16703)
 50.   **heidi** says:
 51.  [November 30, 2023 at 6:01 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16704)
 52. My class has made coasters with decoupage pictures on them. Some have NFL teams
     and NCAA teams on them. We are selling them to strictly raise money for a charity.
     Would this be infringing on copyright laws? We copied and pasted the pics from
     the internet and printed them out. Just to give a little more background. My class
     is a special needs class and learning about giving back to the community. The 
     money we raise is being used to buy food for Kids Food Basket. We are only selling
     them in building and not on Etsy or Facebook.
 53. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16704)
 54.   **Laurie Murohy** says:
 55.  [January 1, 2024 at 9:32 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16876)
 56. I see people buying old bed sheets that have trademarked characters printed on
     them and cutting the sheets up then making items from the old sheets- such as 
     book marks, key chains, pouches, etc.. If you buy an old item but revise/alter
     it (up-cycle it), are you in violation of trademark laws when you sell the item
     you create from the obviously old/used item?
 57. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-16876)
 58.   **Kathi Ferguson** says:
 59.  [January 21, 2024 at 6:19 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17001)
 60. Can I make pillow cases with Sesame Street or Disney material and sell at a craft
     fair?
 61. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17001)
 62.   **Jana** says:
 63.  [January 25, 2024 at 10:12 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17033)
 64. Hello there.
      I have a Etsy store. I make bedding and pillows for dolls and dollhouses(
     I received notice that I violated IP infringement) yes, they were correct, I did
     have some Disney fabric, which I already removed) I am trying to find out, how
     or where will I find which fabric is ok to buy and make handmade items and sell
     it on Etsy ( or any other place) without violating anyone rights.
 65. Disney fabric have on the salvage edge: sold for noncommercial home use only. 
     = perfect, clear message
 66. But what about other fabric makers like:
      Free Spirit Morris & Co Kelmscott strawberry
     thief = nothing on the edge Susan Winget = there is nothing on the salvage edge
     And another fabric makers: Robert Kaufman Benartex
 67. Than from Hobby Lobby store:
      Fabric from Brother Sister Design Studio : On the
     salvage edge is written All Rights reserved Does that mean that I cannot make 
     bedding from it and sell it on Etsy? When you buying that fabric on Hobby Lobby
     website/ it doesn’t tell you who is this fabric from or if it is licensed
 68. Another fabric from Hobby Lobby
      Have on the salvage edge : Hobby Lobby Stores,
     Inc. All Rights Reserved
 69. This is a huge problem and nobody will provide any clear answers or guidance.
 70. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17033)
 71.   **James** says:
 72.  [February 6, 2024 at 4:18 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17100)
 73. What if the fabric tag only has the copywrite mark for the maker (I.E. Marvel 
     ©) but does NOT say ‘For individual use only’, or ‘Not for Commercial use’.
 74. We bought a bunch of trademark fabrics, some only have the copywriter, but some
     do say “Not for Commercial use”.
 75. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17100)
 76.   **Marjoleine** says:
 77.  [April 24, 2024 at 5:02 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17741)
 78. Recently I bought about 200 coupons of different designer fabrics from wel known
     fabric brands . I bought them from a licensed seller (they sell to interior designers).
     There is no brandlogo on the design of the fabric and no licensed characters (
     like the Disney example above this post), just designs from famous designers who
     collaborate with the brand. Can I make these coupons into products on the base
     of first sale doctrine and using specific words when selling them ? I’m also planning
     to put my own design tag on the products.
 79. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17741)
 80.   **Medora** says:
 81.  [April 27, 2024 at 6:06 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17770)
 82. It is understandable that the use of a fabric printed with a copyrighted image(
     Disney character, sports team logo, etc.) would be limited to the personal use
     of the person who purchased it. However, I have just come across a statement on
     a website that sells fabric that doesn’t fit that category in any way. Over 200
     fabrics on the site have as part of the item description “It is intended for home
     use only, not for manufacturing.” Some are obviously copyrighted, but many are
     unique designs I have never seen in any other context. I wonder whether this seller
     is simply beginning to add this boilerplate to all of the fabrics it carries in
     order to avoid prosecution and whether this statement actually has the force of
     law. Or does the term “manufacturing” cover only mass production but not one-off
     items such as are found on Etsy? If this is a new trend, I find it puzzling and
     disturbing; it would definitely stifle entrepreneurship among creators who rely
     on casual sales at craft fairs and the like to supplement their income.
 83. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-17770)
 84.   **Helene Wolframe** says:
 85.  [September 2, 2024 at 12:32 pm](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-19117)
 86. Can you make items from licenced fabric if nowhere on the salvage it says anything
     about “indivudual use only” or “Not for Commercial Use”?
 87. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-19117)
 88.   **Doris** says:
 89.  [November 30, 2024 at 7:06 am](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-20422)
 90. So are the different fabric company a reputable place to buy the material. For
     example if I buy the Lakers of bulls fleece from Walmart or Joann fabric can I
     make a blanket and sell it without any problems
 91. [Reply](https://www.lumlawgroup.com/can-i-sell-handmade-items-made-of-licensed-brand-fabric/#comment-20422)

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