question about intellectual property

i knit. i like to knit... A LOT

i'm part of an online community (ravelry.com) for knitters (crocheters, spinners, weavers, etc). this is a VERY extensive site for all that is yarn crafts. designers, suppliers, vendors, etc are on this site.

many people buy and sell items on this site. many post pictures of all they do. there is a gentlemen's scarf in the database. the person who created the pattern for the scarf has not posted the pattern. many people have commented requesting the pattern and saying that they are more than willing to pay a decent amount of money for it, but he has yet to want to sell the pattern.

here is my question:
if someone were to figure out the pattern and re-create it, would they have legal issues with the person who originated the pattern?

would the new person be able to sell the pattern? would the original creator be able to successfully sue for copyright reasons?

tia

Message edited 3/9/2011 1:21:44 PM.

Re: question about intellectual property

i'd FM Kara

Re: question about intellectual property

Posted by speakthetruth

i'd FM Kara

Re: question about intellectual property

*Not an attorney but pretend to be one on the internet*

First, I'd think he'd have to copyright the design.

Second, i think clothing is particularly difficult when it comes to IP. I know one of my friend's parents had a company that made knockoffs of the top Oscar dresses. Similar, not exact.

Re: question about intellectual property

Re: question about intellectual property

No. The person creating the originator's design would not have a legal issue unless the originator had a copyright on the patter. Obtaining a copyright is a lengthy and I believe a rather costly process. Once he has the copyright, then a copy cat will have an issue.

Re: question about intellectual property

Go for it. He has no copyright (presumably) and he obviously isn't afraid of someone stealing his idea, since he posted it on a public forum. I say go for it.

Re: question about intellectual property

Re: question about intellectual property

not without a patent or some kind of copyright.

Re: question about intellectual property

Yes i think that can be an issue for intellectual property...but still ask an attorney :)

Re: question about intellectual property

thanks guys.

my train of thought always was those knock off dresses after awards shows.

next week is spring break and no homework... i might play with yarn and see if i can figure it out

Re: question about intellectual property

Yes, I am an IP lawyer. Knitting copyright, however, isn't exactly my area of expertise, so please do not consider this legal advice. I'm also not your attorney and we have no attorney-client relationship. If you want an answer you can rely upon, I would recommend hiring an attorney experienced in this area.

Here is a link to a good article on knitting and copyright.

Short answer is that you likely will be infringing on this person's intellectual property if you recreate the pattern and sell it. To me, the fact that the person has refused to share the pattern likely means they do not want it in the public domain. That the other person hasn't / doesn't want to sell it doesn't make any difference... Whether or not they would be inclined to sue you or be successful in court is a different matter entirely, though.

Message edited 3/10/2011 1:21:44 PM.

Re: question about intellectual property

Message edited 3/10/2011 1:20:27 PM.

Re: question about intellectual property

i had no idea that knitting would be a "different world" of sorts, when it comes to this.

kara,thanks for the info and the link

Re: question about intellectual property

I'm intrigued, show us a picture of this scarf that everyone wants!

Re: question about intellectual property

LINK TO BLOG WITH PICTURE OF SCARF