SA Cease and Desist Warning - Copyright Claim

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Leelee

Member
29 August 2014
2
0
1
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 copyrighted product and to cease and desist. Upon further investigation I did find this product, design or idea had a copyright 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 copyrighted?

Thanks for any help

Cheers.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,139
744
2,894
Sydney
Hello,
I recentley purchased some merchandise from china to sell on Ebay. Within a few weeks I received an email claiming I was selling a copyrighted product and to cease and desist. Upon further investigation I did find this product, design or ideahad a copyright 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 copyrighted?
Thanks for any help
Cheers
Lee

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

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

Leelee

Member
29 August 2014
2
0
1
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
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,139
744
2,894
Sydney
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.