Legal Question in Intellectual Property in California

In 2010, I hired a graphic artist and created a box with graphic designs on all sides. This box is now being produced and sold throughout the country to help kids when they go to the hospital or move to a new home

A potential distributor sent me a design that he created utilizing my artwork. The only thing he changed was a small area on the front side. Everything else (including my graphic design on all of the other sides) are the same.

He now wants 5% for every box sold if I utilize, produce and sell his small "addition" to my design.

First, I didn't give him permission to create his version on my graphic design and second, is he entitled to ANY percentage if I use his "addition" to my graphic design ?


Asked on 12/01/11, 7:02 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sounds to me as though this is an attempt to cheat you. My inclination would be to tell him that you aren't interested and that you'll be vigilant to look for infringing products. However, this advice would be tempered somewhat by evidence that the distributor was otherwise successful and that the deal he was offering would result in overall higher profits. It's a business decision as much as an I-P issue.

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Answered on 12/02/11, 5:55 pm


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