# received cease & desist for a non-existent print



## terzdesign (Mar 8, 2010)

Hey all

So I made a shirt design for a concert that was held in my town not too long ago. This design was never intended for print, for sale, for free, or any production of any kind; and it never was printed or sold anywhere or at anytime. It never made it past the computer screen. I'm a designer so I just made it up for fun social media purposes. No where does it say this is for sale or up for distribution anywhere, it's just the design.

I posted the design over social media a month ago and today I received a cease and desist letter. This letter isn't saying that a lawsuit is coming, it simply states that I:

A) never use the 'trademark' again
B) confirm that I have ceased any and all use of the 'trademark'

Nobody is a lawyer here, but how do I prove that I have ceased activity that isn't actually going on? Naturally, I deleted the post. Anybody ever run across a situation like this? The letter says that I have sold and continue to sell a t-shirt with said 'trademark'. There are zero of these shirts floating around.


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## ShirlandDesign (Nov 29, 2009)

You published the design. The trick is agreeing to C&D without admitting you need to.


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## kimura-mma (Jul 26, 2008)

terzdesign said:


> I posted the design over social media a month ago and today I received a cease and desist letter. This letter isn't saying that a lawsuit is coming, it simply states that I:
> 
> A) never use the 'trademark' again
> B) confirm that I have ceased any and all use of the 'trademark'


Obviously, you should comply with the C&D.



terzdesign said:


> Nobody is a lawyer here, but how do I prove that I have ceased activity that isn't actually going on? Naturally, I deleted the post.


You don't need to prove anything at this point. You just need to comply; which I assume you have, since you deleted the social media posts that feature the design.

Now that you are on their radar, they will likely check back to make sure you are not posting the design anymore.



terzdesign said:


> The letter says that I have sold and continue to sell a t-shirt with said 'trademark'. There are zero of these shirts floating around.


It was probably a template C&D. As long as you deleted the posts, you have complied. I wouldn't worry too much about the specifics. If you are concerned, you could always consult an attorney. Or if there was contact info on the C&D, you could always reply to inform them that you deleted the posts and that there was never any actual t-shirts printed. But, IMO, you shouldn't communicate directly without consulting an attorney first.


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## binki (Jul 16, 2006)

Reply and state that you have stopped using it.


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## artlife (Jan 15, 2010)

terzdesign said:


> Hey all
> 
> So I made a shirt design for a concert that was held in my town not too long ago. This design was never intended for print, for sale, for free, or any production of any kind; and it never was printed or sold anywhere or at anytime. It never made it past the computer screen. I'm a designer so I just made it up for fun social media purposes. No where does it say this is for sale or up for distribution anywhere, it's just the design.
> 
> ...


1. There are no shirts that you know about.
2. People take and print images they find online all the time.
3. If you can get a free consult with an IP attorney I suggest you do.
4. Generally you would simply state you have complied with A and B and do not provide any additional information (do not answer questions that haven't been asked).


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## terzdesign (Mar 8, 2010)

There is an email address to the attorney. Should I just email them? There is a physical address...


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## CanarianDrifter (Sep 12, 2012)

I would just comply with the C&D because you know is the legal thing to do. However I will not contact anyone because that will be an admission of infringement. They can use that against you even if you did not sell, gave away or used their design in any shape or form. You cannot demonstrate if you did or not.

CD


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## kimura-mma (Jul 26, 2008)

terzdesign said:


> There is an email address to the attorney. Should I just email them? There is a physical address...


As long as you comply, there is no reason to email them. If you want to reply for peace of mind, consult an attorney first. As mentioned above, whatever you say could be viewed as an admission of guilt.


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## terzdesign (Mar 8, 2010)

kimura-mma said:


> As long as you comply, there is no reason to email them. If you want to reply for peace of mind, consult an attorney first. As mentioned above, whatever you say could be viewed as an admission of guilt.


I certainly don't want to admit guilt. The letter says that they demand that I provide a written response in 10 days to confirm those stipulations. I still shouldn't reply?


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## CanarianDrifter (Sep 12, 2012)

Check this out.

So You Got a Cease & Desist Letter. Now What? | Work Made for Hire


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## garagegirl (Sep 19, 2010)

Seriously, I live in a town with a population of 1600, and they're overshooting by at least 500. The wealthiest person in our county MIGHT drive a BMW. Really, consider it BFE. Corner of Nothing and Nowhere. 

I ALWAYS insist on a signed contract with anything in regards to Disney or DreamWorks or anyone really.

Two years ago right now, a really really nice big body Mercedes Benz pulled into the drive. I wondered who had hit the lotto. Three men in suits got out. They were here with a photo of a Shrek the Musical t-shirt that we'd printed wanting to know if we'd printed them. We had.

They then proceeded to read me the riot act about theft, copyright laws, blah, blah, blah. I called the local community college, they immediately emailed me the contract where they had paid $2200 to perform and provide their cast and crew with shirts bearing the image. AND....AND... GET READY FOR IT.....DreamWorks' graphic design dept had been the one to send me the art file.

So, please, PLEASE believe me when I say they'll come for you. Not too far from here, a good friend of mine got her hands on a ton of caps from the Masters tournament in Augusta. Bought them from a yard sale. Legit. First came the cease and desist. Then came a phone call. (her father in law was an atty) and then they drove to her dead end on a one-lane country road and knocked on her door.

It is theft. I get it. I'd be upset too. Just don't be naive enough to think you're untouchable.


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## kimura-mma (Jul 26, 2008)

terzdesign said:


> I certainly don't want to admit guilt. The letter says that they demand that I provide a written response in 10 days to confirm those stipulations. I still shouldn't reply?


If the C&D requests that you respond, then you probably should; but ONLY through an attorney. Yeah, I know, that's not the answer you want to hear. But you are being threatened with legal action. This is not a do-it-yourself kind of job. I understand that you did not actually do all the things you are being accused of. But you did in fact create and post a design you shouldn't have. Unfortunately, that has consequences. Bite the bullet and consult a local attorney. This should be very easy to resolve. Do what you need to do and be done with it.


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## MadeDesigns (Feb 19, 2013)

Simply apologize and let them know you did not know. Then assure then you have complied. Simple and Im sure it happens all the time. With social media now its not a surprise that some designs look like others..


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## terzdesign (Mar 8, 2010)

I spoke with a lawyer friend of mine and sent him the response letter I made. He said it looked fine and only said that I should make one small change to wording. I emailed the attorney a signed PDF of that letter and asked that they confirm they received it.

They received it and said they would be in touch if necessary. I don't believe they will because I explained the design was never produced or sold and I removed the posts. Since that is the case, they would find it impossible to find evidence of anything. Anyways, just wanted to follow up for those in the future.


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## ShirlandDesign (Nov 29, 2009)

Sounds great, just to nit pick a tad, if I want proof of something on screen I PrtScn and save.


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## Islandfever (Jan 10, 2012)

I received a C&D once, I complied but never responded with any type of confirmation of my compliance. Nothing ever became of it. It's one of those things that if you ignore it, it will go away...as long as you did comply.


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