http://www.dartvernon.com/nylon-butterfly/
Copyright Law Question...?
I have been importing retail gifts from overseas since 2004. A particular item, nylon butterfly decoration, is mass produced abroad by literally 100's of factories. I import them. A US based company is sending threatening letters including copyright infringement claims regarding this item. Numerous businesses selling this product who purchased overseas also have received these letters.
I have spoken with the supplier of this US based company (who is sending out the threats) & the manufacturer states there is no copyright and that the designs are stock from the factory.
First, can an item be copyright protected that isn't original? If no, and this US company files for copyright protection, what are my options? Can I fight it? How?
Second, I only import. I have not had anything reproduced from this US based company. How would I be accountable if the item managed to be granted copyright protection?
Professional copyright knowledgeable answers only please. Sources appreciated.
Copyright applies to artistic or written works, not designs of manufactured items. There may be a patent or trade mark or some other unfair copetition claim. The fact that you purchase something from some catalogue will not protect you. Without seeing the item & the complaining letter it is impossible to give you any meaningful advice. Whenever you get such letters you should take them to an intellectual property attorney with whom you can discuss all the facts.
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