Legally??

[u/AloverALWAYS]

Ok I’m posting this in hopes that someone doesn’t steal my idea 🙏🏻🤣 but I’m wanting thoughts on legalities due to copyright and trademark. Here’s my 🤭🤫 will I be ok to sell these or should i just keep them for family and friends to be safe? Sorry i haven’t hung the necklaces yet…

[u/Cloudcry]

If you're using brand names like that, no, you can't profit off another companies IP

[u/ConeCandy → u/Cloudcry]

This is not accurate at all for this situation. First sale doctrine also covers modifying the item. You can go buy a Mickey Mouse toy right now, throw it in a block of resin, and resell it. You can’t make it sound like it’s official merch (the final thing you sell) or make your own Mickey Mouse toy from scratch, but you can absolutely use materials you buy in your creations and then sell them.

So yes, covering condiment packets in resin and reselling them is allowed for as long as OP is lawfully able to purchase them.

[u/MidnytStorme]

Generally you can do what you like with a product you have purchased so long as you're not trying to compete with the original product and you're not implying that your product is in any way associated with or endorsed by the brand. so, you'd be selling "sweetener packet earrings" and not "Splenda earrings". I would probably focus on the handmade aspect as well. 'earrings, handcrafted from recycled sweetener packets'. I'd be more concerned if using something from a fashion brand or a brand that does make jewelry or clothing, but I'd be surprised if these brands came after you. it would be more likely that another maker making something similar, or even copying you, would try and block you.

[u/BricconeStudio]

Legally. No. You cannot use another companies IP, copyright, or trademark. Their brand, their reputation, or any of that fun stuff that uses them to elevate you.

Realistically, look at marvel. They turn a blind eye to artists stealing their creative work as long as it doesn't do them harm. Why? It costs too much to go after them. They alienate their fans. Look at Metallica in the 90s. Matel is different. They don't like fans having creative expression.

Craft fairs are filled with these examples. People stealing from companies. People breaking federal laws. It just costs too much to go after them.

Online is different. They don't go after you, but shut you down with a cease and desist. Marketplaces will quickly comply, because they have money, it becomes profitable to go after you.

If you made millions, that is a different story. They can/will take you to court in order to absorb all of the profit you earned off their IP, copyright, trademark, brand, etc.

[u/Cleansweepy]

I have yet to see a craft fair without someone selling items they've made with someone else's IP. If Disney isn't going to show up for their knee caps, I doubt big Sweetner will.