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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2226
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I create cards, I have sold a very popular card since April

Customer Question

I create greeting cards, I have sold a very popular card since April 2020, it is a parody of a well drawn character I have hand drawn with a funny phrase I have made up to accompany the image. Another seller has created the exact same card with a few minor differences to the drawing but the wording is word for word. They say I don't have copyright over my design because you cannot copyright a phrase.. but it is the whole expression of the idea they have copied. I have proof I created this design first.
JA: Do you have a registration record?
Customer: no
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
this is my card design
Customer: replied 7 days ago.
this is the design I feel is infringing my copy right but creating the exact same card
Expert:  Ross Miller replied 7 days ago.

Hello I will be the expert assisting you with this matter today.

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Thank you

Expert:  Ross Miller replied 7 days ago.

Thank you for your question. Sadly, they are correct that you cannot copywriter a phrase. However, you can potentially trademark it along with your design. This would take some looking into in detail. However, if you are able to do this then the person replicating your card would not be able to infringe on your trademark and you could enforce a cease and desist against them, however not until you have an approved trademark. I would suggest looking at instructing a local solicitor who deals with intellectual property law (you should find one at the larger firms) and they will be able to not only help you with the trademark application but would also be able to send a cease and desist letter to your competition. If you are successful in the trademark application and the cease and desist is not adhered to then at that point you could potentially claim damages abasing them and legal prevent them from infringing on your trademark rights.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be recognised for my response by the website if there is no rating left for me.

Many Thanks