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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50177
Experience:  Qualified Solicitor
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I have a design that I sell, the design of the item

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I have a design that I sell, the design of the item is something that I designed personally. I have details of all sales and the date from which it was first sold.
Another person has copied the design and has recently started to sell the same product. I wish to know if I have any recourse over this.
Thank you
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you contacted this person to challenge them over this?
Customer: replied 2 years ago.


Yes I have contacted the person in question, the response was that they would amend the sale. This was yesterday and I have not received any communication from them or any change in what they are selling.

Hello Sue, it is most likely that your design would be covered by copyright protection, as long as you were the original creator of the work in question and can prove this to be the case. Copyright is something which is assigned automatically as long as you had created an artistic, literary, musical, etc piece of work. Yours would be an artistic piece of work. There is no need for you to have registered it anywhere for it to be protected. The rights you enjoy under copyright cover, amongst others: copying, adapting, issuing of the protected work. Therefore, if someone else has used your designs to create similar work it could be a breach of contract. You have already contacted them to bring this issue to their attention but I would suggest you contact them again, mentioning that it amount to breach of contract, demanding that the use of your copyrighted work is immediately stopped and any items on sale removed and that they contact you to confirm this is done and provide an undertaking that they would not breach your copyright in the future. Give them a deadline, such as 7 days and advise them that failure to do so would leave you with no other option but to issue a county court claim for breach of copyright and pursue them for damages. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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