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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101043
Experience:  Lawyer
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I sell handmade jewelry online. I live in Canada, but ship

Customer Question

I sell handmade jewelry online. I live in Canada, but ship worldwide. Recently another person in United Kingdom has started copying my artistic designs and selling them on the same online website. I believe the online website is based out of Ireland.
My only copyright of my designs is the fact that I've been making and selling them longer than the other person. In my opinion they have blatantly copied my work, however they are claiming otherwise. I've had my designs for sale online since 2012. Their first copy of my work, as far as I can tell, was in 2015.
The online sales website has an Intellectual Property Policy. Their basic stance is that they will remove all listings which are reported by somebody to be a copyright infringment. If the person wishes, they can file a counter-notice and get their listings re-activated. The only way to stop the counter-notice is to provide proof that the original infringed person is seeking a court order against the allegedly infringing member.
So I would like to do this, however I want to know if I am correct in saying that they could be infringing my copyright?
Or would the fact that we live in different countries negate that?
Thank you,
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
They are infringing your copyright.It doesn't matter where they live. If they are copying your work that is a copyright infringement as you own the intellectual property rights to work that you create. Your next step would be to consult with an intellectual property right lawyer face to face with a view to retaining that lawyer to send a letter to this person demanding they cease and desist and threatening a lawsuit for damages. The lawyer can also send a copy of that letter to the website.
Customer: replied 1 year ago.
The cost to follow your instructions above is a minimum of $3000 with a $10,000 retainer.Is it possible for me to file all the necessary documents myself?Is there a way I can do this cheaper?Thanks
Expert:  Debra replied 1 year ago.
That doesn't make sense. You are just asking for one letter. They will not listen to you but just find a lawyer who will just charge for one simple letter.