What are the consequences of copyright infringement?
October 14, 2022 | 40,00 EUR | answered by Alice Falk
Dear lawyer,
I have a question regarding copyright, as I am unsure about how to handle a specific situation. I operate a small online shop where I sell handmade products. Recently, I noticed that a competitor is selling a product in their shop that looks very similar to mine. I suspect that they have copied my design without obtaining my permission.
I am concerned about the potential consequences of a copyright infringement in this case. Could legal action be taken against the competitor? What are the possible penalties or financial compensations that they would have to pay for violating my copyright? How can I ensure that my intellectual property is protected in the future and that such situations can be avoided?
I would greatly appreciate it if you could assist me with your expertise and experience in this area. I would like to know what steps I can take to defend my copyright and protect my rights as an artist and designer.
Thank you in advance for your support.
Best regards,
Jürgen Hoffmann
Dear Mr. Hoffmann,
Thank you for your inquiry regarding copyright issues related to your online shop and the possible infringement of your intellectual property by a competitor. It is understandable that you are concerned and would like to know what steps you can take to protect your rights as an artist and designer.
First and foremost, it is important to understand that copyright automatically belongs to you as the creator of original works once you have fixed your work in a tangible medium. This includes handmade products that you sell in your online shop. This means that as the creator, you have the sole right to reproduce, distribute, and sell your work.
If you suspect that your competitor has copied your design without obtaining your consent, this could constitute a violation of your copyright. In such a case, legal action could be taken against the competitor. For example, you could issue a cease and desist letter and claim damages. The amount of damages depends on various factors, such as the extent of the infringement, the harm caused, and the profits the competitor has gained from the infringement.
To better protect your intellectual property in the future, I recommend registering your design with the German Patent and Trademark Office or the Office of the European Union for Intellectual Property. This will provide you with additional legal protection for your design and make it easier to take legal action in case of infringement.
Additionally, make sure that your products are clearly marked with a visible copyright notice to deter potential copiers. You could also regularly search the internet for possible copies of your design and take action promptly if any suspicions arise.
I hope this information helps and answers your questions regarding copyright. If you need further assistance or are considering taking specific legal action against your competitor, I recommend seeking advice from a specialized copyright lawyer.
Best regards,
Alice Falk
Copyright Lawyer
