So...I got a Cease and Desist
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- 33 Responses
- Redmond0
You're using someone's likeness to make money, that's it. I do like your picture better.
- raybolger20
oh and freedom is it? go fuckyaseff
- raybolger20
Spoke to a friend who's actually a lawyer in copyright and trademark law who said to take it down. Even if I had a case, Nike has a team of legal on retainer that would lay waste to me.
The fact I received the C&D three days after Nike released a VERY similar design irks me. Just wanted to offer something besides a $250 jersey or a $50 T shirt with just text on it.
- doesnotexist0
plus, the two are NOT similar. AT ALL.
- doesnotexist0
if it's from the NFL, you're using their image without prior consent. you will lose any battle you choose to fight with them.
it's an oversight on YOUR part for using licensed material from a HUGE, well known entity—not that their design looks like yours.
- omahadesigns0
Have you sold a lot? How do people find your site?
- omg0
what if your work is making football look bad? there are so many designers i just wish I could tell them to stop designing for the greater good.
- freedom0
Your blog looks like a feed.
- bainbridge0
Your Mariners tee is more of a rip. Be careful.
- bainbridge0
If you didn't use the same Pantone colors or logo as the SH, it would be impossible to sue and win for direct infringement? But they could argue your profiting off them without permission.
Did you use a photo like Shepard Fairey?
Either way, you could lose a lot if they go after you.
- Wasn't a photo- original illustrationraybolger2
- No photo-original illustration. But yeah- we lose.raybolger2
- not sure why that posted twice. So why don't I just pile it on!
raybolger2
- bainbridge0
I doubt Nike is looking at your brand for inspiration, sorry. I see this style a lot.
Coincidence?
- Nike design came out Friday. Received C&D Monday. Coincidence?raybolger2
- instrmntl0
That's lame. F Nike.
- 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
- 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
- cotton0
black people
- 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
- 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
- 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.
- 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