Promotional Product Producers, Have You Ever Had Any of Your Company's Ideas/products/services Copied and Sold Without Your Permission?

Is this a graphic design they are copying? You may have a trademark infringement issue. Even if you haven't trademarked the design, there are creative rights you own.

I would handle the situation with a lawyer.

I agree with Mark that you might have infringements on trade mark or intellectual property. However if you are selling a company a logo, unless otherwise outlined in contact, you are providing that as a service and turning over the rights to that design. I know based on what our customers want to use the art for our rates are different.

Any honest and professional printer is going to question reuse of art. Most printers that are using customer provided art are going to make the customer sign a statement that they have all rights to the art being provided.

As a printer this is a common everyday thing, as a business you should have a business lawyer and it would be in your best interest to discuss trademark and intellectual property with them. Both to protect your work and also what customers might provide you.

30 year screen printer here. This happens often, you kinda just gotta look past it and focus on good quality service and prints. anyone stealing designs is not focusing on quality , they are focused on profit only, eventually they will fail because of this way of thought. If you tried to copywrite all your designs , you would go broke doing so. keep it moving with fresh new designs and good work , that will pay off in the end.

Yes, it happens, but I don't waste my valuable time fighting with crooks. I just keep a sharp eye on making more unique designs. Of course, I tell them that I think they are rats, but your customers will know how good you are. You'll win in the end because you're doing the right thing and will be rewarded. If that don't make you feel better, I can offer my cousin Vinny to make a house call for you!!

Chief Wayne

From the standpoint of a promotional products distributor it depends on the type of contract you had with your client. Was it a one time use or full privilege? We usually ask to see the print rights agreement to make sure they are able to use it on hard goods or apparel. I feel your pain we watermark our product virtuals and have still been ripped off twice. I am not sure you can do anything without attorney fees but perhaps you can make changes going forward that could protect you. Again sorry you are in this situation.

No! But If I Do, It's 1 800 - LAWSUIT. You Must Take The Necessary STEPS To Protect Your God Given Ideas! For It Is The Lord That Gives You POWER To Get WEALTH. Do Not Rush Or Enter Into A Sign Contract Without The Facts In Writing & Don't Forget The Royalties. Now If No Royalties = ($$$$$ MONEY ) Read The Book Of Proverbs: I Wisdom, Dwell With Prudence & Find Out Knowledge Of Witty Inventions. Wisdom = Sound Judgement. Dwell = To Dig & Search For Information. Knowledge = Education, The Information You Need To Become Successful. Remember! If You Don't Plant Seeds, You Will Never Weep A HARVEST. " What's A Farmer, Without SEEDS. Don't Sit On It, Grow On It! Protect Yourself First, So Can Take Off Without Crash. "Me & Broke, Don't Get Along!(c) all rights reserved.

ll rights reserved.

Documentation and dating of your work is important. However, there is a new rule on patents, the first to file has the right to the patent, in spite of who came up with the idea first. This may not apply to trademarks. My advice would be to apply for a trademark immediately and make it know to those who are coping your work that they are in violation. Most companies like working with those who have their patents and trademarks approved by the Trademark and Patent Office.

Yes. There is no question .. As long as you yourself created it. These infringements are not hard to defend ...only to prove. Its simple but works.. If you did not create it ! YOU DONT OWN IT OR HAVE RIGHTS TO IT!!!

A simple letter to the business should do it. Certified delivery. Then get a lawyer. The loop hole, if you do not defend it, then it becomes open art!!!

Been through this with with school and university logos. We do not infringe but others were. So they were hurting our business. If the party who owned the art work didn't defend it, then anyone could use.

Also many business's and people think if you design it for them....it is theirs. WRONG! You own it and they need a release to have it reprinted.

Best example...go to a professional photographer. Have your picture taken. Try to reprint or copy without permission. You'll learn the law quickly!!!!

We finally posted notices about this. Took time and effort. But it helped.

Even made the city quit giving street licenses to vendors who sold knock off shirts and purses. You can also call Nike, Russell, Champion, Dooney Brooke, Barely. They know the laws.

Good luck

It happens to us all the time particularly since we do artwork free for our customers. With seven graphic designers it's hard to maintain for us but try to make sure proofs you send are PNG's and never send proofs unless you're positive you have a 'real' customer. Check this out: since we do free artwork for our customers and don't hold it hostage, we've even had a competitor's graphic designer come in posing as a customer to get artwork done for a single t-shirt. She did buy the t-shirt and we did give her the artwork only to see it show up some 'walk' shirts a few weeks later. What scuz. I guess all you can do is believe in Karma.

Fortunately not.

If you are being paid to create a design, then that design belongs to the client.If your work is being used without your permission, it is a copyright infringement. Designs and artwork are copy righted, words and phrases are trademarked. You will have to have the original artwork with dates on it indicating when it was created and copyrighted to prove that it is indeed yours.

I'm sorry that this is happening to you.