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SA Cease and Desist Warning - Copyright Claim

Discussion in 'Intellectual Property Law Forum' started by Leelee, 29 August 2014.

  1. Leelee

    Leelee Member

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    Hello,
    I recently purchased some merchandise from china to sell on Ebay. Within a few weeks I received an email claiming I was selling a copyearighted product and to cease and desist. Upon further investigation I did find this product, design or idea had a copyearight on it. (Not sure)

    To make it clearer it's a picture frame that has a popular saying on it and a funny graphic. The Chinese product is reproduced exactly the same same frame, same font, same graphic so if I was to get this same product made using the same frame ,the same saying in different font and using the same graphic idea but designed by me would this be ok? Or is the picture frame,with the saying and the graphic combined as a concept copyearighted?

    Thanks for any help

    Cheers.
     
  2. Tim W

    Tim W Lawyer
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    If the thing you claim to be an original work ("your design")
    still has a substantial resemblance to the copyearighted work,
    then it can still be an infringing copy.

    If a work ("your design") still resembles a copyearight work
    to the extent of looking like it's related to that copyearight work,
    when it isn't, then it can be an infringing copy.
     
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  3. Leelee

    Leelee Member

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    Hi Tim,
    Thanks for your reply.
    The graphic is actually a common used one of the thumbs up symbol. So redrawing my own and using it would be infringing copy?
    Cheers
    Lee
     
  4. Tim W

    Tim W Lawyer
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    It sounds like you planning to produce an item commercially,
    using an artistic work which may resemble an existing one.

    You should seek the advice of a lawyer who works in IP
    before making significant financial commitments.
     
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