Legal Question in Intellectual Property in Hawaii

Derivative Works in regards to Clothing

Hello,

I have a question regarding the topic of Copyrighting, Derivative Works in regards to Clothing.

I have a competitor who is threatening my company with a cease and detest action based upon a ''Derivative Work'', of one of her crochet halter tops. This competitor is claiming our handmade crochet swimsuit, is a Derivative Work of one or her handmade crochet halter tops.

Not only is the design, material, and concept totally different, but the item is a functional piece of clothing, which I understand has limited ability to be copyrighted at all.

I'm wondering if this threat has any basis, and if such a thing can be founded? I'm worried she is attempting to defame our company with no basis.

Thank you for your time.

--name removed---name removed--

Director


Asked on 3/31/09, 8:28 am

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Derivative Works in regards to Clothing

Would need to review letter and diagram or digital photos of both types of garment.

This would be billable legal work.

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Answered on 3/31/09, 8:32 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Derivative Works in regards to Clothing

This is a question that is difficult to answer on a bulletin board. You need to see an attorney in your jurisdiction that can review both specimens and advise you on your course of action.

Good luck!!

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Answered on 3/31/09, 9:32 am


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