So...I got a Cease and Desist
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- 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
- instrmntl0
That's lame. F Nike.
- 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
- 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
Your Mariners tee is more of a rip. Be careful.
- freedom0
Your blog looks like a feed.
- 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.
- omahadesigns0
Have you sold a lot? How do people find your site?
- 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.
- raybolger20
oh and freedom is it? go fuckyaseff
- 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.
- doesnotexist0
plus, the two are NOT similar. AT ALL.
- Redmond0
You're using someone's likeness to make money, that's it. I do like your picture better.
- 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.