# Is it legal to put rhinestones on licensed products and resell?



## netpox (Aug 3, 2009)

Is it legal to lets say add rhinestones on a team logo tshirt and then try to resell it for more? If i purchase licensed MLB team logo tshirts and then put rhinestones around the team logo and sell them is that ok?


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## proworlded (Oct 3, 2006)

That's a good question for an intellectual property attorney but I would think it is a definite infringement since it was not approved by the licensor.


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## splathead (Dec 4, 2005)

My opinion is completely opposite of Ed's. 

If I buy a Ford car, can i repaint it? Change the rims? Add a spoiler? And then sell it? Of course I can. I bought it, legally, fair and square. After that, I can do anything I want to it. 

So yes, once you buy something, including team logo shirts, you can do anything you want to it and sell it for whatever the market will pay.

You don't see Blackberry going around suing the aftermarket retailers who encrust their phones with diamonds and sell them for $1,000's of dollars.


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## netpox (Aug 3, 2009)

yea i was wondering about that...i see people doing this i just didnt know if it was 100% legal...i'm not really trying to act like i'm some other team or name i'm simply adding rhinestones to their logo.


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## splathead (Dec 4, 2005)

Yeah, the main difference here is you can't make your own version of the team logo, decorate it, then resell. But as long as MLB is selling you the garment with the logo on it, then you decorate it, that makes it OK.


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## Don-ColDesi (Oct 18, 2006)

I would check into this with a I.P. attorney. If were to decorate the shirt in the form of their logo, you would in essence be viloating a copyright. You could email MLB for a clarification if you are concerned about it. 

I don't think the Ford analogy works here, as it is not the brand that you are buying it is the vehicle. Licensed products have to be approved by the licensor before they can be sold.


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## plan b (Feb 21, 2007)

Better safe than sorry


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## Rodney (Nov 3, 2004)

This is in no way legal advice (because even if something is legal, you could still get sued), but the following pages make for interesting reading on the subject:

First Sale Doctrine

Tabberone's Trademark & Copyright Page.

My view is it's probably not worth the energy/money that would be needed to defend a lawsuit if it came up. For some with the right legal representation, it might be.


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