I operate a small business in Canada. One of our products is a line of clothing that we designed with unique sayings that we have copyrighted. The sayings are copyrighted and highlighted as copyrighted on our website under "legal notices".
We have recently discovered that a large company has printed a t-shirt with one of our sayings (inadvertently I suspect); however we would like to understand what our course of action and options are in dealing with this.
2007-03-17 02:33:34 · 5 answers · asked by ip_ca 1 in Business & Finance ➔ Small Business
Being first counts for nothing in copyright. everyone is entitled to use of thier own original ideas. That is why a copyright on a short phrase is meaningless. Lots of people use words to convey a particular thought.
For the other company to be guilty of infringement, you will have to prove that they deliberately stole the idea from your work. If they don't freely admit to theft then that will truly be a hard task. You might want to resolve the marketing issues out of court, realize they may feel that your operation is an infringement on their product as well.
2007-03-19 08:52:25 · answer #1 · answered by lare 7 · 0⤊ 0⤋
Good luck. You think that is bad another company stole my logo. It isn't worth the money to go after them.
I know a guy who NIKE stole his patent and copyright and was in court for 20 years and he never won! He didn't have the bucks for the lawyers. Even tho it was obvious they did...they can out spend small guys like us.
Have an attorney write them a letter. Tell them to cease and desist. Should cost about 75.00 at most. Registered of course. Or you could send it...just notifing them that they are causing you sales etc and sleep so they know you not only will sue for damages but grief.
Good luck it probably wont be worth it.
Then if you decide to purse it
2007-03-18 02:46:57 · answer #2 · answered by american horse 3 · 0⤊ 0⤋
How unique is your saying? Some words are not copyrightable. The best course of action is to consult with a copyright attorney.
Good luck.
amadeus
2007-03-17 02:51:23 · answer #3 · answered by amadeus 3 · 1⤊ 0⤋
If the rustic has treaties on such products w/the US than specific you would be able to/ought to be sued. frequently inspite of the indisputable fact that its just to extreme priced for agencies to pursue such strikes so i would not hassle approximately it.
2016-10-01 01:55:55 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Get a lawyer
2007-03-17 02:42:15 · answer #5 · answered by LaraSue 6 · 0⤊ 1⤋