The industries, especially apparel in the present era is being hit by an
unpleasantly hot trend that leaves several retailers, apparel manufacturers,
etc., in a situation where they find themselves trapped in Copyright
Infringement cases made by copyright trolls. These are the
entities that go after the companies or entrepreneurs by opportunistically
enforcing their copyrights to make money in litigation. They employ the
strategies that make it difficult for people to defend against infringement
claims. In general, their strategies include the following steps:
- First of all, they
amass vast libraries or stockpiles of copyrights on an array of fabric
prints, even which they may not be producing or licensing for paid
distribution.
- After that, they send
out shoppers to find merchandise made of fabric that’s identical or
similar to their copyrighted fabrics.
Indeed, even the basic fabric prints, including floral, paisley,
geometric, and more, can be subject to infringement lawsuits. Once the
copyright trolls find something, they retain Intellectual
Property Law Firms to send numerous cease and desist letters and
to file lawsuits. Since the litigation is risky and expensive, most companies
prefer settling them outside the court rather than fighting in front of the
judiciary.
For a company, which is continuously adding to its fabrics already
including many, legally clearing every suit is not practical and can eat up a
lot of its money and time. Hence, apparel-related businesses need to find how
to avoid copyright infringement claims by copyright trolls. Besides, they also
need to look for what to do to mitigate the damage if a claim is made.
Although the perfect protection is to sell only solid fabrics produced by
designing your patterns, which certainly is not realistic, you can still take a
few other measures to protect yourself. Some of the steps you can follow to
stay safe against copyright trolls are as follows:
- Begin by asking your
textile supplier if his/her company possesses an appropriate Copyright
Registration for the pattern/ design being considered to be
used in your products. You can ask for evidence of the ‘original work’
authorship. In case the supplier has purchased the pattern or design to be
sold to you from any third-party, you must demand a statement stating that
the original copyright is being transferred to you.
- Obtain a clear
indemnification clause and shifts the burden and damages to the supplier
in the event of copyright infringement lawsuits. It is a contract under
which one party (supplier) commits to compensate the other for any harm
arises out of the contract. The promise, by the suppliers to cover your
losses if they do something that makes any third-party to sue you, should
be in writing.
- Since the policies
related to copyright infringement insurance are expensive, people often
ignore purchasing their own insurance. You may also be thinking to do so,
but note that it is a very small cost to protect yourself and your
customers from issues, like infringements, confusions, and monetary losses
due to them.
- Prefer using ‘public
domain designs.’ These are the designs available without issues of
copyright ownership. There are various facilities that maintain libraries
consisting of thousands or more prints, which exist in nature or are
already in the public domain. You can pick and use any design from these
reference materials. Although you cannot copyright that design, still it
will keep you out of the courtroom.
- Last but not least, if
you are not satisfied with the supplier’s response to your inquiries, then
it will be in your best interest to avoid buying the pattern or design
from him/ her.
Conclusion
Whether manufacturers or retailers, legitimate companies are in the
business of creating products their customers will enjoy and appreciate. On the
other hand, copyright trolls are in the business of targeting these legitimate
companies, and thus, finding opportunities to file copyright infringement
claims and seek monetary settlements. As these types of attacks are difficult
to defend against, apparel companies need to be prepared for the circumstances
when copyright trolls inevitably rear their ugly heads. Hopefully, the
information provided in this blog will prove helpful in preventing you from
being targeted by copyright trolls. However, if you still have doubts regarding
anything or face any issue, you are advised to have a discussion with an
experienced IP Attorney. For more visit: https://www.trademarkmaldives.com
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