Unauthorized use of Trademark and Copyright on clothing

[monkeyboy]

In need of some advice and assistance.

If a company / Band etc was to give rights and licensing for its logo or branding to be used on a T-Shirt and then that T-shirt was purchased by a clothes designer and used to make a different item of clothing to be sold.

Would the designer be in violation of Unauthorized use of Trademark and Copyright on clothing.

Although the underlying T-shirt manufacturers would have properly acquired a license to reproduce the logo for T-shirt purposes, does the company have an argument to say they have not, at any time, issued a license to the designer to manufacture, sell or otherwise exploit the artwork.

For example If a T-shirt was used to make a bandana or material cut up and used on other items of clothing, bags etc.

This seems lie a gray area and would grealt appreciate some assistance and clarity

Thanks in advance

 

[Michael Wechsler]

It seems to me that the answer to this question falls under the First Sale Doctrine. If rights to an item are sold, then as long as the buyer doesn't create duplicates, that buyer has the right to do what they want with their copy of the original work. For more information see Wikipedia on the First Sale Doctrine. It's reasonably accurate and here is an excerpt:

The first-sale doctrine is a limitation on copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "first sale rule" or "exhaustion rule."