Am I in the wrong or is it legal to recycle used trademarked products into new art?

I make dresses, bags, etc. from recycled fabric I find at the thrift store. I was under the impression this was legal under the Fair Use of Finished Products; however, I received a cease and desist letter from a company owning the Trademark on one of these repurposed fabrics.

Asked on August 19, 2013 under Business Law, Louisiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under federal and state law there is nothing illegal about you recycling used trademark products into new art so long as you own the product. For example, artist Andy Warhol depicted Cambell's Soup on canvas and sold such to the general public.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.