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Intellectual Property Law

If I purchase stationary from a retailer, scan it on to my

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computer, and then create a...
If I purchase stationary from a retailer, scan it on to my computer, and then create a product using that stationary's pattern with the intent to sell the final product; is this considered copyright infringement?
Submitted: 2 years ago.Category: Intellectual Property Law
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11/4/2015
IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago
Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 17,269
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

It's not necessarily copyright infringement, although it very well could be. That is, a work that uses a prior work, but is "transformative" (rather than derivative) then it might not be. But the product that you sell would essentially need to be completely different than the stationary that you purchase. If reasonable people looking at both your stationary and the other one would say that yours necessarily came from the one that you purchased, then it would almost certainly be determined to be infringing. Furthermore, if you'd be selling the new product in the same market (competing with the manufacturer of the product that you purchased) then that would be more likely to be seen as infringing, so that's something to keep in mind .

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Hello?

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Was there anything else?

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

I still see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Ask Your Own Intellectual Property Law Question
IP Lawyer: Robert McEwen, Esq., Lawyer replied 2 years ago

Was there anything else? Again, ▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Robert McEwen, Esq.
Robert McEwen, Esq.
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