Many Copyright infringers. False Licensing claim by a company selling my design. My work was changed & copyrighted by another.

Asked over 2 years ago - Binghamton, NY

While surfing the web, I came across numerous business selling exact copies of my registered copyrighted (1992) design.
One of these companies has it advertised as "Officially and fully licensed". I have never had a Licensing Agreement with this company, nor do I have Licensing Agreement with ANY company for this design.
In another instance, the "artist" rearranged my design and Copyrighted as his own in 2006. He simply took one part of the design, increased that part's size & added color, then superimposed it over the middle of my original image.

Attorney answers (3)

  1. Jeffrey Bruce Gold

    Contributor Level 19

    5

    Lawyers agree

    Answered . Since you registered the copyright, you can sue the infringers for damages (which are presumed.). You should meet with an attorney that handles these matters as soon as possible.

  2. Vivek S. Suri

    Contributor Level 11

    3

    Lawyers agree

    Answered . This is a serious matter. You should speak with an attorney as soon as possible as your rights are being infringed upon and you may be owed damages. Also please note copyright law imposes statutory damages, meaning that you may not need to prove actual damages to get a judgment.

    The above answer is only for information. This answer and any response does not create an attorney-client... more
  3. Joseph Christopher Gioconda

    Contributor Level 9

    2

    Lawyers agree

    Answered . My colleagues are correct -- you need an attorney to evaluate your options.

    Note that you really should consider pursuing some form of legal action, for inactivity once you are put on actual notice of the infringement can actually lead to a statute of limitations/estoppel by laches defense, based on your delay.

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