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LawyerDavid
LawyerDavid, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 376
Experience:  Highly experienced intellectual property law attorney
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Submitted: 9 months ago.
Category: Intellectual Property Law
Customer: replied 9 months ago.
I sell original designs on apparel on Etsy. Today I received copyright infringement notice on one of my designs.I checked the Copyright registration (#VAu001255105) https://cl.ly/1j393N3C3F2s, and it applies to this design ("Authorship: 2-D artwork") https://www.assininedesign.com/products/game-of-thrones-thats-what-i-i-drink-and-know-things-mens-womens-gildan-or-american-apparel-t-shirtMy design looks totally different https://www.gift-ideas-finder.com/product/i-drink-and-i-know-things-what-i-do-funny-drinking-t-shirt/. The only thing the same is the copy, but that copy is not copyrighted; it's only the design.I am pretty sure this person just wants to shut down his competition, because he knows that it will take me days to prove my innocence and put my products back online. And by then Christmas shopping season will be over.What legal actions I can take? Thanks
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Expert:  LawyerDavid replied 9 months ago.

Hello: my name is ***** ***** I am happy to help you today. A copyright covers copy and designs and the link you provided is a copyright covering "I drink and I do things" which I understand is the basis of the infringement letter. Did Etsy remove your listing because of the infringement allegation or is this just a letter from the copyright holder claiming infringement? I am available to discuss this by phone as well if you prefer and will offer a phone call next.

In reference to copyright protection, to prove infringement they would have to prove they own the copyright on the copy meaning they were using it first in commerce before you and also that your use is the same as theirs. Here, it appears your use would be an infringement but the copyright filing claims first use in 2016 so if you can show you were using it before them it is your copyright and you can not only defeat the claim but take over ownership of the copyright and make them stop using it.