Legal Question in Intellectual Property in Virginia

If I lawfully purchase a licensed/copyrighted piece of fabric (i.e. a sports team logo), cut it, sew it onto something else (another piece of fabric), and then sell the finished product, am I correct in saying that I am covered under the first-sale doctrine as stated under Copyright Act of 1976, 17 U.S.C. 109


Asked on 3/22/11, 8:31 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the answer is no. And you are confusing apples with oranges. Logos, like sports team logos, are not protected by copyright. Trademark law applies to these and there is no first-sale defense in trademark law. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/23/11, 7:45 am


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