Legal Question in Intellectual Property in Indiana

Trademark infringement with t-shirt graphic

I own an online retail store. I only resell and do not create my own designs. I received an email from a consulting firm that specializes in intellectual property issues. They emailed me requesting a very large sum of money and for me to remove a particular t-shirt I was selling on my site and to send the shirts to them. The graphic is apparently a parody of another brands logo. Being that this is a parody and I am not the creator of the design, can they legally fine me? Shouldn't they go after the original designer/distributor? I've read articles online about this company using extortion to scam small sellers, like myself. I don't want to fall for a scam. Any advice for this situation will be appreciated.


Asked on 8/18/08, 11:41 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Trademark infringement with t-shirt graphic

They cannot assess a fine for infringement, but they can file a law suit for infringement and seek damages. The fact that you did not create the design may provide a defense, but you will still likely be included in any legal action. Parody may also be a defense. I would strongly recommend that you speak with an intellectual property attorney ASAP.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 8/18/08, 11:48 am


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