Need some legal advice: design infringement

[Shaun @ Tru6]

Last spring a created a new style of shirt (for boys) that I called the destructed ringer.

it's basically a rough hem T at the cuffs and waist in which a contrast color strip has been sewn in.

One of my competitors, Appaman, who has never even done a rough hem T, has copied my design. They are significantly bigger than me, though still a small company run by a husband-wife team.

This design isn't so incredible that it required any kind of registration with copyright/patent offices, but it's a special shirt that we were only ones doing it. Further, these guys aren't even in the same design aesthetic to run this shirt...that is it's not organic to their style. Honestly, if other more direct competitors copied it, I wouldn't mind because it would be easy to rationalize that it fits in their style. These guys, Appaman, just stole it.

I'm not expecting any kind of court battle or settlement or even to have them pull the design. It would cost too much.

But I would like a letter from a lawyer telling them to cease and desist, or whatever is pertinent, just for my piece of mind and to let them know that they stole my design.

Anyone have ideas on this? have a lawyer write the letter? just forget about it? other ideas?

Raw shirt. When it's washed, both rough hems roll up a little; it's a cool effect



not sure why this came out so bright in the pic.

[pwd72s]

I'm no lawyer. But I'd think no patent=no case. Especially on clothing styles.

[Looking_for_911]

I once knew a graphic artist that whenever he came up with a new design that he was submitting to client would first mail himself a copy. The design would be packaged, sealed with tape, then mailed to himself enabling himself to show a post mark should the question of copyright or date of creation ever arised.
I don't know if this practice would help you in the future but it couldn't hurt.
Good luck on this situation.

[nostatic]

Clothing is somewhat of an anomoly wrt intellectual property. Basically designers rip each other off all the time. The design itself is not really subject to copyright or trademark. Your brand mark is however. That is why you see legal knockoffs that are a complete copy except for the particular trademark/logo.

[nostatic]

http://www.avvo.com/legal-answers/clothing-design-292.html

http://faqs.counterfeitchic.com/

[stomachmonkey]

Originally Posted by Looking_for_911

I once knew a graphic artist that whenever he came up with a new design that he was submitting to client would first mail himself a copy. The design would be packaged, sealed with tape, then mailed to himself enabling himself to show a post mark should the question of copyright or date of creation ever arised.
I don't know if this practice would help you in the future but it couldn't hurt.
Good luck on this situation.

That's called a poor mans copyright.

Your artist associate would have done better having a scope of work and copyright document drafted.

I don't work with artists that don't have one.

If they run into a client that won't sign or accept one that's a sign to run, they'll likely not get paid.

Better for everyone.

BTW, in 'work for hire" disputes courts will typically side with the creator of the work when there is no copyright release document.

[willtel]

I had a shirt like that in the 5th grade. I don't think you have a leg to stand on.

[cgarr]

If there was no kind of registration with copyright/patent offices how would anyone know that they were stealing your design?

[Shaun @ Tru6]

Originally Posted by cgarr

If there was no kind of registration with copyright/patent offices how would anyone know that they were stealing your design?

They came over to the spring 09 booth at the NY show last March and poked around Craig...and everyone goes "shopping" in the real world to see what actually gets in stores, and when. Like I said, if Monster Republic or Kingsley had come out with this shirt, I could even believe it was organic to their evolving design process. It was to mine, I just came out with it first. Appaman has never done a shirt even close to this. Not much of a leap to connect the two.

Thanks for the links Todd, good info there. My sales reps tell me to just consider it flattery. I'm still going to have a lawyer friend write a letter I think, again, just for piece of mind.

[Geronimo '74]

Originally Posted by willtel

I had a shirt like that in the 5th grade. I don't think you have a leg to stand on.

Yeah, have seen that type of sleeves before.
Gonna be difficult to claim the design, I recon.

[Porsche-O-Phile]

Its all been done before. There's nothing these days that SOMEONE, SOMEWHERE hasn't already tried.

That said, I love your design.

[nostatic]

Originally Posted by Shaun 84 Targa

They came over to the spring 09 booth at the NY show last March and poked around Craig...and everyone goes "shopping" in the real world to see what actually gets in stores, and when. Like I said, if Monster Republic or Kingsley had come out with this shirt, I could even believe it was organic to their evolving design process. It was to mine, I just came out with it first. Appaman has never done a shirt even close to this. Not much of a leap to connect the two.

Thanks for the links Todd, good info there. My sales reps tell me to just consider it flattery. I'm still going to have a lawyer friend write a letter I think, again, just for piece of mind.

Well, ask the lawyer their opinion (especially if they do IP law), but in my Holiday Inn Express opinion, but I don't see the upside to writing a letter but do predict ill will to come from it. The reality is that this is the way the fashion industry works. You spend your time working on the next design, not worrying who's copying your current line. Nature of the beast...

[McLovin]

you're wasting your time.

[jhynesrockmtn]

I have a Lands End T about 7-8 years old that looks like that, a bit more "finished" but same idea.

[Shaun @ Tru6]

Yeah Jerry, I've seen finished shirts like that, polo's especially.

Anyway, I've gotten over it. Got ahold of their spring 10 linesheet and I'm not really worried anymore.

[island911]

You think that YOU invented that!?!?

[insert line of rolling laughing emoticons]