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NSW Copyright Infringement Issue with Throw Rugs?

Discussion in 'Intellectual Property Law Forum' started by acarter, 28 February 2015.

  1. acarter

    acarter Member

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    I have just received an email from a small business stating we are making the same product as they are. I imported some throw rugs from India. They sell same design but different material and pattern. They could well have got these from the same manufacturer (as many other businesses have).

    This email has stated 'hereby advise that this material and product is fully protected by copyright on the United States of America, Australia and other counties throughout the world. All rights including taking credit to such as copyright of this material round mandala throws without the prior written consent of the copyright owners is a infringement of copyright thereby entitling the copyright owners to injunctive and other relief to the full extent of the law. If you continue with your round mandala throws actions will be taken.'

    Any help on this matter would be greatly appreciated.
     
  2. Tim W

    Tim W Lawyer

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    Is the small business in Australia or in India?
     
  3. acarter

    acarter Member

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    Australia
     
  4. Tim W

    Tim W Lawyer

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    And do they claim to be the copyright holder in the design?
     
  5. acarter

    acarter Member

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    We have notice you happen to be making the same product as us!
    this is a formal letter entitling copying or about to copy will cause action to be taken ! please remove any copyright and discontinue with these actions immediately !

    [​IMG]


    Professionals hereby advise that this material and product is fully protected by copyright on the unites States of America, Australia and other counties through out the world.
    All rights including taking credit to such as copy right of this material round mandala throws without the prior written consent of the copyright owners is a infringement of copyright thereby entitling the copyright owners to injunctive and other relief to the full extent of the law.
    If you continue[​IMG] with your round mandala throws actions with be taken.
     
  6. acarter

    acarter Member

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    That was the entire email they sent.
    I also contacted my manufacturer and asked them if they supply to this business and they told me no. That no one can have copyright over a Mandala design on a throw rug as they have been around for such a long time.
     
  7. Ivy

    Ivy Well-Known Member

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    If the company has registered IP of some form in Australia, then they should be able to show you their registration. It sounds a little bit suspicious because in Australia copyright is generally for artists and musicians. IP Australia says copyright protects "the expression of ideas, not the ideas themselves". Copyright | IP Australia

    I went through the IP Australia webpage "Choosing the right IP" and it asks a series of questions that help you choose what type of IP you need. In the case of a throw rug design, the site suggests that you register a design.

    It appears that the company may be trying to have you on. Have a look at this webpage for your own information: Choosing the Right IP | IP Australia
     

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