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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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I have a potential copyright infringement however I want to

Customer Question

I have a potential copyright infringement however I want to make sure I do have legal grounds to take the matter further before taking it further. A T-Shirt company has taken one of my art pieces and loosely copied the design for sale on a T-Shirt. However someone told me that if you change enough things on the image you can get away with calling it an original piece of work which what I am trying to figure out. I have the image they have done as well as my original art piece to show you.

Kind Regards

Mr. Singh
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now when you say loosely followed, how close is it?
JACUSTOMER-lht82mcn- :

Hi Alex, thank you for your time. Here is the link to my artwork: http://www.wootzart.com/product/the-akali-a3-limited-edition

JACUSTOMER-lht82mcn- :

and here is an image of what they have created

Full Size Image

AlexWatts2013 : Yes I see. The test is this, would a customer be confused between your work and their work. I must admit when I looked at it I was confused as they look the same. Therefore on that basis as I consider myself to be a normal person, I think that you do have a claim.
AlexWatts2013 : As I said, if you can show that it is confusingly similar, to the ordinary man on the street considers it by the same person, it is passing off and you do have a claim.
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
JACUSTOMER-lht82mcn- :

Is there a cease and desist template I could fine online that I could use to notify this company to stop using my design?

AlexWatts2013 : Try this itis a US one but still ok http://thompsonhall.com/cease-desist-letter-template-example-sample-forms/
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola

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