I would just like to ask the question, when using an embroidery machine and using the designs that come with that machine, all be it pre programmed, on a disk or download from a sewing machine company such as Brother, are those designs trademarked ? If the answer is yes, they are trademarked, how come lots of people use such embroidery designs to personalise products and make felted key fobs etc using these designs. I see a lot of embroidery items on Folksy and other selling platforms and they are all professional designs from programmed machines. I don’t have one of these machines any longer and don’t wish to have another one, but when I did have one of these machines the embroidery designs where trademarked and you where not allowed to use them on products you where selling, it’s just something I would like to know. Thanks for your input.
You have a point I think.
Yes I think I do Angela, let’s see if anyone comes up with the answer
I would ask the relevant manufacturer rather than sellers on Folksy. And then if their designs are trademarked and you have a problem with a seller on Folksy making those designs, you can then take whatever action you’d feel happy with.
I saw your post on the Facebook group and answered it there, but will copy it here for other peoples benefit too.
Many of the designs that are inbuilt in to the machines are for personal use only and if this is the case then it will state it in the machine manual. However, there are many websites that sell designs that can be used on items for sale and they will state this on their websites. I only use designs from well known, reputable sites that are happy for me to use them on items I am selling.
As an example. I have posted some felt cat decorations today, which may well have prompted your post. These have been designed and digitised by a lady called Sue Lough. She has a website and Facebook page called ‘Memories in thread’ and she clearly states on there that any items made using her designs can be sold.
As said if they are copyrighted or trademarked then no they can’t be used for commercial gain. If the owners have given permission like with the ones Kim uses then that’s ok.
The only think you can do is alert the owners that their patterns are being used give them a link to the item and let them deal with it.