Legal Question in Intellectual Property in Texas

I am a graphic designer and designed a t shirt for some friends and myself. The people who printed the shirts have since taken the design and started selling the shirts commercially and using the image as advertising. As far as i am aware that is copyright infringement, they did not have my permission to make shirts to sell. In addition to my design, almost all of their work is a cut and paste of others work including some really big name logo's. I am just a broke starving artist but for sure don't want others profiting from my work. Do I have a case here, and would it be wise for me to approach some of the large companies to go after these people since I do not have the funds to try tu stop them on my own??


Asked on 10/17/10, 8:54 pm

3 Answers from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

You are correct - it IS copyright infringement. 10-to-1 they're doing it in knowing violation of the law BECAUSE you are a starving artist. In any event, yes, you DO have a case. Your remedies would include most of the profit they've made from selling the shirts, plus an injunction to force them to stop taking advantage of you and stop using your work. One thing to consider is whether or not you could be awarded attorney's fees as well. I am not sure right off the top of my head. However, if so, then you could make this case a little more interesting for an attorney to look into. (Sorry, but we all like to get paid for the work we do!) Hope this helps a little.

Charles

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Answered on 10/23/10, 12:10 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. It appears they have infringed on your copyright (and others). You should consult an IP attorney and have them send a demand letter as a starting point. You could also look into reporting the infringement to the other copyright owners. The large ones will likely pursue their remedies immediately. Consult with a good IP attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/23/10, 7:44 am
Kevin B. Murphy Franchise Foundations, APC

One other legal point: Did your register your copyright with the U.S. Copyright office? You must have registered your copyright before the infringement so that you can get attorney fees and statutory damages. Again, consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/23/10, 7:48 am


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