Legal Question in Intellectual Property in Alabama

I received a Cease and Desist email from someone who claims to be an attorney for Right Wing Shirts.com. Apparently they feel that a few of my t-shirt designs are infringing on their intellectual property rights because a few of my designs are fairly similar to theirs. I will admit that I may have got the idea for their design from an image of a shirt they made but my design is so much different than their's I'm surprised that they would even mention it.

Here are a couple of instances that our designs are similar and it's what they base their claim on.

Silly Liberals:

http://www.cafepress.com/rightwingstuff/616349

http://www.zazzle.com/silly_liberals_t_shirt-235161888250371329

Party like it's 1773:

http://www.cafepress.com/rightwingstuff.361783269

http://www.zazzle.com/party_like_its_1773_t_shirt-235574110468199591

It seems that they are bullying me into removing my original design. Like I said, I use all sorts of venues for inspiration but I never copy a design. If I can't make a design I see better, I don't waste my time working on it.

All I really need to know is if you think they might have a case against me. I am not nearly as big as they are and make very little from my shirt business so I don't have the means to fight them in court. It just seems silly that someone could force me to remove a design simply because it has the same point as a design they are selling.

Any help you can give would be greatly appreciated.

Tom Robinson

http://www.curiousinkling.com

http://www.conservative-t-shirts.com/


Asked on 7/12/10, 5:44 am

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say to ask what intellectual property rights you are allegedly infringing on. If it's one of their trademarks, the ultimate test is likelihood of confusion. Would an ordinary person seeing your design think it originated from them? If the answer is "yes," you are infringing. Consult with a good trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/12/10, 12:54 pm


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