Stealing artwork and putting it on a t-shirt...
Discussion
My mate's an artist and she sells her work on Etsy. She discovered that a guy in her town was printing them onto t shirts and selling them in his shop and online. She challenged him and he apologised and promised not to do it again.
But he has started again. What is the best way to stop him? My ideas range from a solicitor's letter to simply walking in and taking every shirt with her work on it and daring him to call the police.
Any suggestions?
But he has started again. What is the best way to stop him? My ideas range from a solicitor's letter to simply walking in and taking every shirt with her work on it and daring him to call the police.
Any suggestions?
Grrbang said:
An effective cease and desist letter would, among other things, clearly set out the evidence that your friend would rely upon if they went to court, and would convincingly portray them as extremely aggrieved.
If the evidence clearly meets the 'balance of probabilities' test, then the other side's counsel *should* advise them to give up. If the evidence is incomplete, they will probably nitpick to try and test your friend's commitment. As a patent attorney who also deals with design and copyright disputes, that's what I would do if acting for the defense, and is on my mind when acting for the claimant.
A good letter would therefore require a bit of time and research to put together the evidence. Assuming settlement can be reached, your friend should also factor in some subsequent rounds of correspondence/negotiation, particularly on any financial payment demanded. The payment (if any) may only partly cover the costs.
If negotiations fail (not that common if you have a strong case), a small claim could perhaps be launched (assuming low value). The costs aren't astronomical, even for the loser. However, even the winner should expect to end up a bit out of pocket. The reward is generally the injunction.
Stealing their shirts would be shoplifting. Sorry, but your friend has no authority to do that!
Thank you if she could stop him doing it again that would be a result in itself.If the evidence clearly meets the 'balance of probabilities' test, then the other side's counsel *should* advise them to give up. If the evidence is incomplete, they will probably nitpick to try and test your friend's commitment. As a patent attorney who also deals with design and copyright disputes, that's what I would do if acting for the defense, and is on my mind when acting for the claimant.
A good letter would therefore require a bit of time and research to put together the evidence. Assuming settlement can be reached, your friend should also factor in some subsequent rounds of correspondence/negotiation, particularly on any financial payment demanded. The payment (if any) may only partly cover the costs.
If negotiations fail (not that common if you have a strong case), a small claim could perhaps be launched (assuming low value). The costs aren't astronomical, even for the loser. However, even the winner should expect to end up a bit out of pocket. The reward is generally the injunction.
Stealing their shirts would be shoplifting. Sorry, but your friend has no authority to do that!
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