5 Legal Mistakes Sewing Sellers Commonly Make

Many people start their sewing businesses after making a few items for personal use and being told by friends and family that they should sell them.

Then they go to work making dozens more of an item, signing up for a craft fair, and selling their items to consumers.

But sewing for commercial use is much different than sewing for personal use, and there are laws and regulations that apply to businesses, regardless of size.

Starting a sewing business is exciting, and it’s tempting to jump right in. But it’s important to dot your i’s and cross your t’s before you start selling.

Disclaimer: I’m not a lawyer by profession and nothing in this article should be construed as legal advice. Although I strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice or free from errors, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any professional, business, legal, and financial or tax-related decisions. This information is also not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. I am not liable or responsible for any damages resulting from or related to your use of this information.

The examples below highlight common issues, but requirements can vary depending on your location and the specific products you sell.

 

1 – Copyrighted fabric

Many fabrics with logos, character prints (e.g. Mickey Mouse print), or branded patterns are for personal use only.

Just because the fabric store is selling the fabric, it doesn’t automatically mean you’re allowed to sell products made from it.

This can be a complicated grey area.

Some small-scale selling can be tolerated, but it’s not always legally protected.

How to check

You can look at the selvage edge of fabric to see if it states “for personal use only” or has copyright symbols.

You may also check the manufacturer’s website (e.g. Riley Blake) (whose name may be printed on the selvage edge as well). They may have licensing terms listed there.

Or try searching “Can I sell items made with ______(name of fabric line)” to find a clear answer.

If the fabric uses a logo or copyrighted character (e.g. Mickey Mouse), it’s generally safer to avoid selling products made from it unless you’ve confirmed the licensing terms or obtained permission.

 

2 – Patterns

Some pattern designers will allow small-scale selling, while others will require you to credit them for use of the pattern, or prohibit selling the items you make with their patterns altogether.

You can’t assume all patterns allow commercial use.

How to check

Read the pattern listing or instruction page(s) that come with a printed pattern and look for sections such as “terms of use” or “license”, which may have clarification.

You can also look for phrases such as “for personal use only” (meaning you can’t sell the items you make with the pattern, you can only make the items for yourself) or “small-scale commercial use allowed”. What’s considered “small-scale” will vary, but it means there is a restriction on how many units you can produce to sell (e.g. up to 100 units).

For online/downloadable patterns, check the pattern maker’s website for an FAQ section, if there aren’t clear instructions on permitted use.

You can also email the pattern designer if you can’t find any information on their website. Be sure to keep a digital record (e.g. an email stating you can produce items to sell using their pattern, or a screenshot of the terms found on their website).

 

3 – Regulations

Regulations are in place to protect consumers. So it doesn’t matter how big or small a business is, it’s generally expected to follow the regulations that apply to the product it’s selling.

For example, children’s items, such as clothing, toys, and accessories, often have strict rules to ensure there aren’t any choking hazards. There may also be testing required to ensure they meet flammability regulations.

How to check

Rules and regulations vary depending on your jurisdiction (i.e. where you operate your business). But you may also need to comply with regulations in the countries you ship to.

The best way to research the regulations you must follow is to search:

“______ (product type) regulations in ______ (country)”.

Look for government websites to ensure you’re gathering accurate information.

 

4 – Label requirements

Products such as apparel and clothing, household textiles (e.g. bed linens), stuffed articles (e.g. cushions), etc., may have specific label requirements you’re expected to follow.

If an item you’re selling must have a label, there will also be strict guidelines for what information must be included on the label and where the label is placed.

How to check

Again, label requirements will vary depending on where you’re operating your business and where you’re shipping your products to.

Search “Textile labeling requirements in ________ (country)”

Click on links to government websites to ensure you’re gathering accurate information.

 

5 – Brand/trademark names

There are many products on Etsy with titles such as “Dallas Cowboys sweatshirt”, “Minion costume,” or even “Chanel-inspired bag”, but that doesn’t mean it’s legal.

Think about it this way…if you spent years building your business and brand, and someone started using your business’s name to sell their products, that would be unfair, right?

Big companies don’t want other companies, even small ones, to use their brand name or copyrighted material to sell products either.

The most common categories that are infringed upon are:

• Entertainment franchises (e.g. The Walt Disney Company: Mickey Mouse, Frozen, etc.)
• Sports teams and logos (e.g. NFL teams, NHL teams, college teams and logos, etc.)
• Fashion and luxury brands (e.g. Chanel, Louis Vuitton, Nike, etc.)
• Movie, music, and pop culture references (e.g. fan art, movie quotes, etc.)

How to check

This one is pretty straightforward: in most cases, you shouldn’t use another company’s brand name or trademark to market or sell your products unless you have permission.

 

It doesn’t matter how small your business is or how little money you’ve made from a product; there can be consequences to breaking laws, which may include fines, listings being removed, or shops being shut down.

Just search “Etsy sellers sued,” and you’ll find a list of people who have had to pay expensive settlements and have had their Etsy shop closed down for various reasons.

If you start a business, it’s important to understand the laws that apply to your business.

There are other laws to follow, aside from the ones listed in this article, but these are a few of the laws that are most commonly broken.