Legal Question in Intellectual Property in California

Re: Am i infringing a copyfight and how can i look it up

The design of a purse is more likely to be a trademark (or trade dress) issue than a copyright issue. The designer could sue you for passing off your goods as goods of another. Your disclaimer might help you out there.

The designer could also sue you for dillution of his/her mark.

As far as looking up the trademark, you can look it up with the US Patent and Trademark Office. However, even if the mark is not registered, their claims are still valid. Copyrights and trademark rights exist even without registration.

Even if you have shot at defending yourself, it might be WAY too expensive to do so. I advise you to consult with an attorney and I suspect you'll be advised to quit while you're ahead.

Re: Am i infringing a copyfight and how can i look it up

If you have received a "cease and desist" letter from a lawyer, you should consult with a competent copyright/trademark attorney as soon as possible. It is not clear from your query whether the claim is copyright or trademark infringement or both. The rules are different for each.

There is really no way to "look up" a design without physically going to the copyright or trademark office (whichever applies), because scans of designs are not put online. All you would be able to tell online is the factual information such as the title or owner's name.

A competent intellectual property (copyright or trademark) attorney should be able to look at what you have and give you more specific advice about your situation. I strongly suggest you consult with one at your earliest opportunity, especially if you have a business where you regularly sell items such as you describe.

Re: Am i infringing a copyfight and how can i look it up

A design that qualifies as a work of art can be protected by copyright--registered or not. A design that is an integral part of a functional item (such as a purse) can be the subject of a design patent. The designer in question may have either or both copyright and patent rights to exclusive use. These registrations can be researched through the patent and copyright offices (2 different ones). It may be difficult to do the searches because often the owner of the registration is a company or other name that is not obvious, particularly if an indivudual is famous. There are other issues, too, like trade dress and trade secret, which are rights that are not registered but are protected under laws that can subject you to damages for infringement. A trademark protects a name of a product or service--another potential right that can be the subject of an infringement claim. Without further facts in your particular situation, I cannot advise you whether to stop or whether you might have your own rights. You should check with legal counsel--and quickly because a cease and desist usually has a short time frame.

Re: Am i infringing a copyfight and how can i look it up

This case falls more under Trade Dress Protection rather than copyright. Currently...I am helping another e-bay seller where some one almost stole her business by infringing her original costumes. Fell free to conatct me. I need to look at both designs before I cam render my opinion.