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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33416
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I make ribbon graphics and I was contacted by a women who is

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I make ribbon graphics and I was contacted by a women who is claiming I am violating her Intellectual Property rights. We both sale of Here is the thing we both get are pictures off of to put on our ribbon sheets. She made this Smurfs ribbon and I so did I but it does not look like hers yes we used the same people but my ribbon is made different and you can see the differences. My question is am I in violation of her rights because I posted my ribbon after she did??
Most likely not. You both may be in violation of the Smurfs trademark, but the general rule is that it must be an exact duplicate. Even a 10% difference could be enough to invalidate a trademark or copyright. However, unless she got the permission to use the Smurfs image,she can't claim a violation of her intellectual property rights because she doesn't own them.

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