So...I got a Cease and Desist
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- raybolger2
from the powers that be over in the NFL about a couple of my designs. Fast forward to lunchtime and I see Nike's latest Hawks design.
http://imgur.com/gallery/SeqLIzu…
Mine is on the left - Nike on the right
Coincidence?
- lvl_130
cirquemedia?
- boobs0
Sue them for all your concussions.
- set0
If it's any consolation, yours looks nicer.
- freedom0
Yours on the left is much better. Better rounded shapes and the legs on the Nike one is weird.
I'd call a coincidence except they used the same number.
I don't see how you could get a C&D as you didn't use any branding and it is a generic football player.
All that being said, I've seen this style many times. It isn't original. Neither company can claim it in 2013.
- They said it was because of the recognizability of the jersey.raybolger2
- Aren't high school or college jerseys similar?freedom
- e-pill0
i see 2 different illustrations, not sure the connection other than both are illys and both show a football player..
i do like yours better as your negative space and the positive shapes use the background to fill in the image.
- freedom0
I'm more curious on where this graphic came from?:
- albums0
is the one on the left the same player in college then in the pros on the right? the imgur comments read as if this is a particular person some people recognize...
- yeah-I didn't really follow those comments either
raybolger2
- yeah-I didn't really follow those comments either
- fooler0
Since Nike is the official NFL apparel company now maybe it has something to do with the actual use of the uniform likeness and not the fact that it is a football player stencil art. Still BS but maybe that's their angle.
* I'm not a lawyer but I play one on the internet.- you nailed itraybolger2
- exactdoesnotexist
- This guy knows an internet lawyer...
http://www.qbn.com/t…tymeframe
- raybolger20
Sorry, I forget that this is a global site sometimes and I didn't give a lot of context. So both designs feature the same player from the same American football team (The Seahawks) I've been selling my design since September. The Seahawks have done very well this season and are getting a lot of visibility nationally. Because of this, my tees have been selling very well. I suspect Nike saw the design, swiped it and hit me with the C&D. Their design was released last week, I received the notice Monday.
I know as a small indie company I just have to take the kick to the nuts. Just wanted to vent on here to fellow artists/designers as I've heard of this happening before. Thanks for the kind words and advice from (most) of you.
cheers- To be honest, your design isn't that original. Could be coincidence.freedom
- Peter0
Sucks. Hope you find a way to fight it.
If not perhaps that old ipod ad could ease your mind by convincing you that theirs-, and maybe even yours, are subliminally just a different take on something old:
...which was a take on...
- yurimon0
So I would check on who made it first. and proof of such? ask when was there design made before I can make answer the request.
- or take it down.yurimon
- The gave me a small grace period. I have about 60 left I'm going to try and sell then I'll take it down.raybolger2
- uuuuuu0
What did they say was the infringing aspect of the illustration? Are they claiming you copied that design specifically or was there like a branding thing? The original photo? The team likeness?
- They say the player's jersey (which is designed by Nike) is the offender.raybolger2
- ESKEMA0
Basically, they want your artwork down. They use the fact that they have in place something that prevents anyone from using their image without consent, and that jersey is probably unmistakably theirs. They win. If they don't win, they will sue for something else. You will go bankrupt fighting it before next week. Your only option would be to modify your illustration so that no recognizable feature of the jersey is left.
- monNom0
You are selling a representation of the Seahawks uniform without license. Essentially you are cashing in on the Seahawks brand. Pretty clear-cut you are infringing. I don't think it has anything to do with "style".
- that's what I've been thinkingmonospaced
- yesdoesnotexist
- this holds waterPonyBoy
- True.bainbridge
- doesnotexist0
you need permission to bank on any NFL likeness or personality or use it any way to promote your product. sounds like you didn't have this permission.
- i think everyone has said this alreadydoesnotexist
- i apologize immenselydoesnotexist
- cotton0
black people
- uuuuuu0
sounds as if you don't have much to lose. you already sold a bunch already and you only have a few left so just try and get rid of the last ones and comply with the 60 day take down period. i'd even consider giving some away privately to promote yourself... xmas is coming up.
but yeah they win. its experience you can learn from. sucks though because it does look as though they jacked your original style/design then sent a CnD after the fact cuz they could.
- if you had a big legal resources or were so inclined i bet you could arrange a mutually beneficial deal.uuuuuu
- chossy0
Prove you sold it before they made it public and you can sue them for many many many thousands of bucks.
- maybe thats why i mentioned making a deal with them but it would difficult and costly considering they have a point with the nike design thinguuuuuu
- like i say if he had big legal resources they could arrange something but its not worth it at this scale of operationuuuuuu
- might be worth it bringing it up with them though, never knowuuuuuu
- You're suggesting he license from the NFL? That takes a ton of work.omahadesigns