Cath Kidston Fabric

[tipsylipsy]

Hello everyone, I have a small query about making items from Cath Kidston fabric for resale. I have set up a new small company and will be donating 20% to the National Autistic Society. My sweet hubby bought me some gorgeous Cath Kidston fabric which I would like to use. Am I aloud to make kids clothes from this fabric to sell on and if so can I say Hand made using Cath Kidston fabrics? I have seen LOTS of people making bunting, shoesbags and cushions from Cath Kiston and Laura Ashley fabrics but no clothes.

Thanks for your help
Karen

[silvermaid]

I'm sure you would be fine selling clothes. In fact if no-one else is making clothes it sounds like a really good idea you could be on to a winner.
If they didn't allow you to make things they wouldn't sell the fabric or patterns.

Melanie

[Critchley]

(welcome)to the forum. You could always contact them to verify this.

[tipsylipsy]

Thank you both for replying. I have taken your advice and emailled Cath Kidston, will let you know what they say.

Karen:)

[tipsylipsy]

Have finally got an answer back from Cath Kidston. Basically you cannot use their fabrics to make clothing for resale. You can make home furnishings but only if you have a licence. Sorry I did not ask how much the licence is as I have no desire to make home furnishings at present.

Karen

[sparkysdad]

Have finally got an answer back from Cath Kidston. Basically you cannot use their fabrics to make clothing for resale. You can make home furnishings but only if you have a licence. Sorry I did not ask how much the licence is as I have no desire to make home furnishings at present.

Karen

They might say that.. but I don't really see how they could uphold that without having a license agreement statement on the fabric.. they would have to publicise any restrictions on use of their product with the product..

I could see the issue if you were mass producing on a global scale, but cottage industry scale?? - though you would not be able to use their name to promote your wares without their permission - but that holds true for any brand...

[urbancrafters]

Unless you start selling them on a huge sale I can't see it being a problem. Personally I wouldn't have emailed them, I would have just done it and claimed ignorance :)
I can't see that all the hundreds of people on ebay etc have a licence to make and sell their items....

[Cindy Fuller]

Funny, I have a similar problem. I have purchase some Cath Kidson Fabric to show viewers on my website how to make various things like tableclothes etc, and was wondering what they would do! Surely if it helps promote their company it should be good for them NO?

[Apple Tree Crafts]

I love CK fabrics, and have a huge collection - but it's too nice to use.....:o

To be honest, they might say these things but how on earth are they going to police these rules? Selling on eBay might be a tad risky, but plenty of other stuff made with CK fabric is on there - and I bet there isn't a license to be seen.

Lots of people, including me, sell CK fabric stuff at my craft fairs...yet to meet a CK rep having a wobbly..........!

Last year, in Claire's I came across hair accessories made from the pink 'Rosalie' fabric designed by CK for Ikea. It's an unmistakable design....but there were things made of it in Claire's?!

I would say, go for it!

Jules

[cosmic grammie]

There wre some questions about this sort of thing going around the knitting and weaving world - and as i recall, the jist of it was that you just list on the label that it is, say...100% cotton by Whoseits....

In knitting, you have to state who designed the specific pattern if you used one...but if it's a really commonly found design yuo don;t have to say anything, just don't claim it as your own.

I mean, say I used Lamb's Pride yarn and knitted a very prdinary afghan...I would simply say - 80% wool, 20% mohair yarn. I suppose it might be nice to say 100% Lamb's Pride. But really....

I would not have emailed them, either - it's easier to apologize than to get permission sometimes. IF it came to that, but like others have said - you're not some factory.

[littlemisssew]

I have been doing some digging on this - have a look at Tabarone.com - I am not sure that they can legally stop you, so long as you do not call it a Kath Kidston dress, but a dress made in Kath Kidston fabric, or maybe just not bother advertising that part at all? I would e mail them back and ask them what legislation they are referring to that prevents you from doing this and see what they say..just a thought.

[gigglinggoblin]

There is a factory outlet near us sells cheap designer fabric including Cath Kidston and they have a sign on the wall saying you are not allowed to buy fabric to resell as it is but you can sell stuff made from it. I think the only thing thay can do to enforce this is refuse to sell to you if they suspect you are doing this but I would have thought they would know better than to state you can sell items you make from the fabric if the designers are legally able to say you cant.

[tipsylipsy]

There is a factory outlet near us sells cheap designer fabric including Cath Kidston and they have a sign on the wall saying you are not allowed to buy fabric to resell as it is but you can sell stuff made from it. I think the only thing thay can do to enforce this is refuse to sell to you if they suspect you are doing this but I would have thought they would know better than to state you can sell items you make from the fabric if the designers are legally able to say you cant.

OMG how confusing is that? How many resellers are there on Ebay for example selling Cath Kidston fabrics. The girl on the phone said you could make home decor items if you have a licence but not clothing I guess that is because they make their own. None of this makes any sense at all!! :confused:

[loukr]

threads like this make me really sad. It's all to do with copyright/terms & conditions of sale, and by purchasing the fabric, you're agreeing with the rules that have been set by the company. As artists yourselves Im very surprised at how many of you would be willing to go against this even though you've been told the terms of using the fabric! This is in no way a dig at anyone of course, please don't take it that way. Just as fellow artists we should all be looking out for eachother.

If someone spend months constructing say, a knitting pattern and they sell it on etsy/misi along with the terms that the buyer can't resell the pattern or sell anything made from it, would you go ahead and resell anyway?

The terms of use for Cath Kidston fabric may not be openly clear, but if you've been told what you can or can't do, why bother going against it? Sure people do it all over eBay etc, but that doesn't make it right, does it.

[littlemisssew]

I wasn't aware that they did make their own kids' clothes. There are people selling bags on e bay made from Cath Kidston fabric, and to be honest the design is very similar to the bags on the website which is naughty. I suspect you could make clothes but not advertise them as Cath Kidston clothes, rather clothes made from Cath Kidston fabric, but having said that I wouldn't do it without clearing up what the legal position is first.

[tipsylipsy]

threads like this make me really sad. It's all to do with copyright/terms & conditions of sale, and by purchasing the fabric, you're agreeing with the rules that have been set by the company. As artists yourselves Im very surprised at how many of you would be willing to go against this even though you've been told the terms of using the fabric! This is in no way a dig at anyone of course, please don't take it that way. Just as fellow artists we should all be looking out for eachother.

If someone spend months constructing say, a knitting pattern and they sell it on etsy/misi along with the terms that the buyer can't resell the pattern or sell anything made from it, would you go ahead and resell anyway?

The terms of use for Cath Kidston fabric may not be openly clear, but if you've been told what you can or can't do, why bother going against it? Sure people do it all over eBay etc, but that doesn't make it right, does it.

Not sure how you can make these comments and then say you are not having a dig at any one it looks like you are. :( The point I am making is that the T&C's of sale are not at all clear there is nothing about this on their website, nothing in the shop I bought the fabric from (an official Cath Kidston store) and nothing in the selvedge on the fabric. I only know because I rang the store and asked so this is on the say so of a voice on the phone

[your theme]

Its sad that people are so quick to jump in and criticise.

Tipsylipsy had clearly stated that the reason for this thread was to make sure she was doing nothing wrong.

[PrincessPrudence]

The point of contract is the point when you purchased the fabric, I don't think they can enforce Ts & Cs after the event ... was there a sign up in the shop that you saw before buying the fabric? If not then I think they can say what they want but would have difficulty enforcing it! It's not like you are stealing their copyright from making things from the fabric!

[tipsylipsy]

No there were no signs at all in the shop, the shop assistant even asked me what I wanted the fabric for I told her an she just said 'how lovely'

[loukr]

Not sure how you can make these comments and then say you are not having a dig at any one it looks like you are. :( The point I am making is that the T&C's of sale are not at all clear there is nothing about this on their website, nothing in the shop I bought the fabric from (an official Cath Kidston store) and nothing in the selvedge on the fabric. I only know because I rang the store and asked so this is on the say so of a voice on the phone

It wasn't a dig at you or anyone, it's just how I feel about the subject.
The comments were aimed at the people who were saying to go ahead and do it anyway even though you've had confirmation of their terms directly from the company. I feel that just a little naive, that's all.

I know when I'm making something that I intend on selling, I'd at least like it to be legal! I don't want some company chasing me 5 months down the line with an invoice because I've used their fabric for something I wasn't allowed to use it for.


Its sad that people are so quick to jump in and criticise.

Tipsylipsy had clearly stated that the reason for this thread was to make sure she was doing nothing wrong.

I wouldn't call it criticism, just an opinion. As above, the comments I made weren't aimed at tipsylipsy, but to the members saying to use the fabric for this intention anyway.

Thanks for the comments to my reply, I'll keep my mouth closed in the future.

[PrincessPrudence]

Well then I don't see how they can enforce T&Cs that you knew nothing about. I would just soldier on quietly. If you get stopped then you do, but like so many other people on here are saying, how do they propose to police it?

[littlemisssew]

I contacted someone selling stuff made from Cath Kidston fabric and they said they did not have a license and had never had any problems. I believe that if they did not want you to use the fabric for re-sale you would have to enter into a written contract with them at the point of sale, otherwise it's really not enforceable. Now I am not saying that you should go ahead anyway, but I would certainly do a bit more digging before taking their word for it. I don't think that companies should be allowed to impose such restrictions, it's not as though you get that when you go to the supermarket or whatever. And how does it work when it is being sold on bya third party? Everyone would be slapping that restriction on their website.