Legal Question in Intellectual Property in New York

IP/copyright with Zazzle online store

I am planning on using Zazzle as a store to commercialise some products I have designed (customized mugs, t-shirts, etc.).

I am worried that if I later decide to seel these products exclusively on my own website I would los some control, rights over the products.

The Zazzle TOCs mention that:

''You retain all ownership rights to your Content submitted to the Site. By submitting Content to Zazzle, you grant Zazzle a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.''

I am worried that this prevents me from requesting Zazzle (or any other company?) to commercialise my products.

Can I just revoke the license I am granting Zazzle at a future date?


Asked on 1/05/09, 2:25 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: IP/copyright with Zazzle online store

If the license states that it is "irrevocable," then no, you would not be able to revoke the license. If it does not state that it is "irrevocable," then yes, you probably can revoke the license. After revocation, if Zazzle or any other company continues to sell your goods you can sue them for ... I'd pursue registration of your trademark and probably also of copyright in the design of each piece if you have not already done so. Registered IP is WAY easier to get through the courts in a lawsuit than is unregistered IP.

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Answered on 1/12/09, 1:14 pm


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