Something You Designed Was Stolen...Now What?
It hit the news last week, an Etsy entrepreneur named Melissa Lay claimed that a t-shirt that she designed, printed in her garage and started selling on her website last year, has been replicated and sold by Target for nearly half the price.
While an investigation is ongoing, and answers may be not be quick to come, the situation is not unique, and will expectedly become even less unique as time passes. Because of the reach of the Internet and social media, entrepreneurs are more visible. While trademarks and copyrights are still valid, the potential for trouble is greater than it ever has been before.
As a small business owner, especially one that sells products online, what would you do if you found yourself in the situation that Lay is now facing? Following are a few first steps:
1. Contact an Attorney
As a small business owner, it’s important to have an attorney that you’ve built a relationship with that you can consult with for regular business operations and for when situations like this arise. If you have not yet established this relationship, the time to act is now.
A qualified business law attorney will be able to provide guidance and to ensure that your business is properly represented, especially when issues relating to creative ownership and infringement arise.
2. Issue a Temporary Restraining Order
Filing lawsuits are expensive. Fortunately, this is not your only option. With the help of your attorney, you can file for a temporary restraining order or a preliminary injunction.
These methods can be used to stop the production, distribution and sale of the products that are in question.
While the TPO or injunction is in place, you will have time to find a resolution with the opposing company, brand or individual – outside of a court setting – while halting any financial gains from the sale of your product or idea.
3. Pursue a Copyright Infringement Lawsuit
It’s important to note that copyright laws do not protect general ideas. However, they do protect the “fixed expressions of ideas.” This means that once your idea has been expressed in a visible, tangible form – online, in a store or elsewhere, in photos, drawings or any other form – it is protected by law.
While it is a good idea to register all work with the Copyright Office, this is not necessary up front. It is, however, necessary as a precondition to filing a copyright infringement lawsuit. By pursuing a lawsuit, you may be able to recover any damages your business or brand may have suffered as well as the profits of your infringer in addition to statutory damages and court costs. While the proceedings may be lengthy, it may be a good option, depending upon your situation.
Frustration and anger may be your first reactions if a design or something else that you created has been stolen. However, there are actions you can take to remedy the situation and to prevent it in the future.
Have questions relating to protecting your work? Been faced with a similar situation? The time to contact a qualified business law attorney, like Michael Hynum with Hynum Law, is now. Set up a consultation today to receive answers and to create a plan for the future. We look forward to working with you.