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My copyrighted design being used questions

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purehobby

Member
California: Hello I have a unique idea art work copyrighted and a company I know and know they took from my idea is using it for profit I do not want to post the actual art work but perhaps pm it to someone. I would like to know if they have any leg to stand on if they decide to refuse to stop selling and using similar art work?
My copy right title is very specific and it 100% falls under my title.
 


quincy

Senior Member
California: Hello I have a unique idea art work copyrighted and a company I know and know they took from my idea is using it for profit I do not want to post the actual art work but perhaps pm it to someone. I would like to know if they have any leg to stand on if they decide to refuse to stop selling and using similar art work?
My copy right title is very specific and it 100% falls under my title.
Your post is a bit confusing. What is the work that is protected by copyright? Ideas are not copyrightable. Titles are not copyrightable.
 

quincy

Senior Member
It is an artwork design and something very similar is being used by a company I know without my consent.
How long ago did you publish (make available for public viewing) your artwork?

Is your artwork registered with the US Copyright Office?
 

purehobby

Member
I put it on my social media in 2015ish and in 2016 put it in print on tshirts with it being used in a shirt design with more art on it. In 2017 when the next season came my basic version of it was used with their words and a change to the design was used on marketing and their shirt designs. Would you like me to send you the designs by pm to see? It is still being used by them as well.
 

quincy

Senior Member
I put it on my social media in 2015ish and in 2016 put it in print on tshirts with it being used in a shirt design with more art on it. In 2017 when the next season came my basic version of it was used with their words and a change to the design was used on marketing and their shirt designs. Would you like me to send you the designs by pm to see?
Please don't send me the design. We cannot do personal reviews on this forum.

Did you register your design? If you believe someone has infringed on your artwork, your work must be federally registered prior to filing suit.

If you did not register your work prior to infringement, you will not be eligible to collect statutory damages ($750-$30,000/infringement) and instead can collect only on demonstrable profits made by your infringer or demonstrable losses suffered by you as a result of the infringement.

Not all that appears infringing will be judged infringement in court. There are several factors that are used by a court to determine infringement. The alleged infringer also has several defenses available, including independent creation.

Edit to add: Seeing an IP attorney in your area to do a comparison of the works is a smart action to take. The attorney potentially can send a cease and desist letter to the alleged infringer along with a settlement demand letter.

Good luck.
 

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