rusty

I created an original design about 3 years ago, related to my hometown high school's mascot. I recently found out that a baseball coach used it at their baseball camp last summer (2007), and gave shirts to all the participants with my design on them. Then on a few nights ago, I saw a kid at Wal-Mart wearing a hoodie with my design printed on it. And then this morning, I saw a teenager wearing a t-shirt for the high school tennis team with my design on it.

I started selling T-shirts with my design on them a couple years ago, and obviously it's gotten around enough so that several people have stolen it. I think that the local community has gotten the idea that it's the new school logo and are thinking they can use it on whatever they want.

I've already had some communication with the Athletic Director, who has agreed to handle any sports programs that are using it illegally. But I think it has gone, or will go beyond just sports and I can see clubs and lower level schools using it too, so I'm thinking I need to go higher such as the Superintendent for help.

My most important task right now is to find out who's printing them and give them some kind of cease & desist letter, or whatever it may be called. Here's some questions I am curious about and would like to hear your thoughts on.

1) What responsibility does the printer carry in printing my design without permission? Are printers supposed to make sure it's legal, or just take the design and print it without asking questions?

2) How should I approach the printers and/or customers involved in printing these? Just write up a letter myself? What verbiage should I use?

3) Or should I talk to a lawyer first and get legal advice and/or get them to write the letter?

Any help would be appreciated,
Rusty

 

Chani

I would definitely get a lawyer to write a cease and decist order. It would be too easy for a layperson to leave loopholes, use too weak or strong of language, etc.

I hope you can get this resolved!

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We miss you, Jerry.

 

kriscad

Do you think the school will quit using you?

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my work

 

sunnydayz

Here is the thread that has a copy of the cease and desist letter that gerber sent me. It would be a good sample to look at to see what it needs to say. It is probably better to have a lawyer but it might be a good first step while getting in contact with one.

http://www.t-shirtforums.com/tf-lounge/t24359.html

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BobbieLee
www.brightlittlebeginnings.com

 

rusty

Quote: Originally Posted by kriscad Do you think the school will quit using you?

No, I think the school will be ok with it. They probably just don't realize it's illegal to use it without my permission. I have already built good relationships with the football and baseball programs which are probably the 2 biggest programs. They are already trying to help me track down who is doing it.

It's the companies that are printing the T-shirts that I'm most concerned with at the moment. They now have my design on file and could use it to print their own shirts for sale with my design.

 

ImageIt

Do you have any documentation to support your claim of copyright ownership?

Without documentation, it is a case of you said, they said. The school may well have supplied the design in good faith to the other printer.

fred

 

rusty

Quote: Originally Posted by sunnydayz Here is the thread that has a copy of the cease and desist letter that gerber sent me. It would be a good sample to look at to see what it needs to say. It is probably better to have a lawyer but it might be a good first step while getting in contact with one. http://www.t-shirtforums.com/tf-lounge/t24359.html

Thanks. It appears the letter Gerber sent you was for using the word "onesie" claiming it was a trademark infringement. I'm assuming a letter for my situation would be a little different, since it's a copyrighted design. I think trademarks and copyrights are different from a legal standpoint. Am I correct about that?

 

rusty

Quote: Originally Posted by ImageIt Do you have any documentation to support your claim of copyright ownership? Without documentation, it is a case of you said, they said. The school may well have supplied the design in good faith to the other printer. fred

Such as what?

I have shirts that I printed 2 years ago with the design on them. Of course I can't prove when they were printed. How would you document your designs? Other than a registering the copyright, which I haven't done. But I've read that registration is not required to legally hold a copyright.

I'm sure this probably was done in good faith. But that does not make it legal. I'm not trying to sue anybody for past actions. I'm trying to stop it from happening in the future.

 

ImageIt

Quote: Originally Posted by rusty Such as what?

Such as "anythings".

While not required, registering the copyright is a great place to start.

The work order could have included an art disclaimer withholding your right, which is signed to release the job.

A circle with a "c" in the center of it, somewhere on the artwork.

Email communications which spell out the limited right of the customer.

Unless you reserved the rights to the art, you may have given them away implicitly. They claim the rights were included.

If you wish to take legal actions, you need to take it on the act of infringing. If the printers received the art from the school in good faith, your case would be against the school or whatever booster group contacted the job. It will be the case of Rusty V. Soccer moms. That would not be good public relations.

If you wish to prevent further action, you can pay a lawyer to send a cease and desist. This will cost you money.

One option is to gift the art to the school and use the gift as a tax write off.

fred

 

Comin'OutSwingin

Rusty, you need to have a talk with the principal.

The principal needs to make it clear to everyone that this is "NOT" the school's new logo, but rather a design done by someone in the community and anyone printing it without your permission has infringed on your copyrighted design.

I would enlist the cooperation of the football and baseball coaches since you say you already have good relationships with those programs.

If it was done in good faith, as you think, those printing it should understand that it is your design, and they have no rights to print it.

Once you find out who is printing, then you can send them along with the customer a cease and desist.

You can have a lawyer draw it up and send it, but it's not necessary at all. You simply tell them that it's your design. That you created it, and the creation of it, makes you the copyright holder. As such, no one has the right to print the design without your written consent, and request that they refrain from printing it.

In the mean time, I would definitely register the copyright. It's very inexpensive, and if the C&D doesn't work, if it means that much to you, then you could file a lawsuit.

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rusty

Quote: Originally Posted by ImageIt Such as "anythings".

I don't know of any documentation that I may have. However, I can't even imagine what that documentation that would be. How would you document a copyright, aside from registering it?

Quote: Originally Posted by ImageIt The work order could have included an art disclaimer withholding your right, which is signed to release the job.

I'm not sure what you are referring to. There was never a work order or a job. I printed the original shirts myself and sold them myself. Now, I'm seeing other people printing my design.

Quote: Originally Posted by ImageIt A circle with a "c" in the center of it, somewhere on the artwork.

That would look tacky on a T-shirt, and it's not necessary.

Quote: Originally Posted by ImageIt Email communications which spell out the limited right of the customer.

No customer has ANY rights to reprint my design in ANY form without written consent.

Quote: Originally Posted by ImageIt Unless you reserved the rights to the art, you may have given them away implicitly. They claim the rights were included.

Again, I've never given my art to anybody.

Quote: Originally Posted by ImageIt If you wish to take legal actions, you need to take it on the act of infringing. If the printers received the art from the school in good faith, your case would be against the school or whatever booster group contacted the job. It will be the case of Rusty V. Soccer moms. That would not be good public relations.

Like I said above, I'm not looking to sue for any past actions. I'm trying to prevent any more from being printed. Once the printers get the cease & desist letter, they will be held responsible for any future printing. I will not be suing any soccer moms.

 

rusty

Quote: Originally Posted by Comin'OutSwingin Rusty, you need to have a talk with the principal. The principal needs to make it clear to everyone that this is "NOT" the school's new logo, but rather a design done by someone in the community and anyone printing it without your permission has infringed on your copyrighted design. I would enlist the cooperation of the football and baseball coaches since you say you already have good relationships with those programs. If it was done in good faith, as you think, those printing it should understand that it is your design, and they have no rights to print it. Once you find out who is printing, then you can send them along with the customer a cease and desist. You can have a lawyer draw it up and send it, but it's not necessary at all. You simply tell them that it's your design. That you created it, and the creation of it, makes you the copyright holder. As such, no one has the right to print the design without your written consent, and request that they refrain from printing it. In the mean time, I would definitely register the copyright. It's very inexpensive, and if the C&D doesn't work, if it means that much to you, then you could file a lawsuit.

Thanks Greg. That sounds like good advice, and the route I was leaning towards. Does anybody have a sample "cease & desist" letter that I could look at?

 

Comin'OutSwingin

Quote: Originally Posted by rusty Thanks Greg. That sounds like good advice, and the route I was leaning towards. Does anybody have a sample "cease & desist" letter that I could look at?

No problem.

I don't have one, but I googled "sample copyright cease and desist" (without the quotes) and got lots of good examples.

I would suggest looking over a few of them, and tailor it to your specific situation.

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