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I make ribbon graphics and I was contacted by a women who is

claiming I am violating her...
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 Etsy.com Here is the thing we both get are pictures off of Google.com/images 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??
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Answered in 17 minutes by:
8/5/2011
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,296
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
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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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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,296
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
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