# Stealing designs and patenting



## Ezra4ever (May 11, 2011)

I made a design and embroidered it on a hat and sold a few.

I went on another forum and posted it to spread the word and get feedback.

I got a lot of great feedback from people, but there is always that "one" person that'll blast you and your design or product.

So this guy goes on and puts my product/design down that it wasn't even criticism anymore, basically attacking it verbally...but i didn't care and thought it was comical.

We went back and forth and I thanked him for his feedback and for hating. 

Then he replies, stating he is going to make a better product, steal my design, patent it, and make me pay him for using it....and I dared him to steal it and use it...and when he does, i told him to let me know asap! 

What legal actions can I take and issues can I get him in? Would I have to wait until he steals it and proves to me he stole it?

Even if he did steal my design and patent it (which is unlikely because he sounds and acts like a 14 yr old), can I still claim rights to it?


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## lben (Jun 3, 2008)

I would copy and print out his comments to you about stealing your design. Also you did it first and sold some, and I think that counts as to who owns what and when. Just make sure you keep copies of all his comments. And if you can, apply for your own copyright, trademark, patent or whatever you need.


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## proworlded (Oct 3, 2006)

It is my understanding that if you create an original design, and display it for sale, it is automatically copyrighted. A patent is for an invention.


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## Ezra4ever (May 11, 2011)

lben said:


> I would copy and print out his comments to you about stealing your design. Also you did it first and sold some, and I think that counts as to who owns what and when. Just make sure you keep copies of all his comments. And if you can, apply for your own copyright, trademark, patent or whatever you need.


 
Yes, I plan on printing it out.


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## missswissinc (Feb 21, 2012)

yeah but we do shirts for a local company and we had to put that copyright (c) or R at the end of the logo. its in their design and its a simple word for their business. I would suggest finding out about how to get it copyrighted now and do it just in case if the guy does do what he says. well he will find out its already copyrighted and he will look like the arse he is.

Sometimes people shoot big and end up falling short. I agree print out the postings he has said he would do that and such and if he does sue say when did you copyright it oh after you stole my design. Oh I guess you got cought. OOPS


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## Riderz Ready (Sep 18, 2008)

There is way too much time worrying about this stuff. I think most of us when we started in the business wasted time and brain cells worrying about people stealing our designs. Bottom line is there really is nothing that can be done about.

Great designs are a dime a dozen. It is marketing and branding the design that is the real trick.


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## kimura-mma (Jul 26, 2008)

It's highly unlikely this person is being serious about stealing your design. Designs cannot be patented... So it goes to show that he is simply using words to bother you, because he doesn't really understand what he's talking about.

If you used the design first and sold products using the design, then you own the copyright. You can register an official copyright if you want. But you also have emails or forum posts that prove he is threatening to steal your design. So you would have some legal recourse if you wanted to take action.

If you are truly concerned, then consult an IP attorney. Otherwise, let it go. If he does steal your design, then you can take action at that point. But are you really going to spend money on litigation at this point? Is it really worth it? Much of this will depend on whether he actually steals your design and tells you about it. And it also depends on exactly how he uses your design.

Based on your original post, it was a message board conversation that turned ugly. He made a threat and you egged it on. A judge isn't going to award you some great riches as a settlement. Unless you can claim legit damages, this is a silly internet prank that won't amount to anything.

Don't get me wrong, you should keep an eye out to protect your IP. But don't lose sleep over it, either. There isn't much to gain here.


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## Ezra4ever (May 11, 2011)

I think I'll just copyright my design, since it's not quite expensive to do.


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## PositiveDave (Dec 1, 2008)

If I steal your design, I promise that I won't tell you beforehand. Otherwise I'd be a jerk


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## ranger648 (Apr 3, 2012)

proworlded said:


> It is my understanding that if you create an original design, and display it for sale, it is automatically copyrighted. A patent is for an invention.


I have been doing this for awhile and not sure how to word this but say I do 500 t shirts for a company or license tags to try to get there business and they take my designs and go to another company and have them do the same thing. What would my options be?


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## hubindustries (May 21, 2012)

Once you finish an original work it is automatically copyright protected. You dont have to register it. It doesn't have to be up for sale or anything. Actual copyright registration could help in a defense of ownership, but is not necessary. All you really need is proof of creation date to defend it in court. Take your design to a notary and have it notarized. then you have proof of date.


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## treefox2118 (Sep 23, 2010)

Copyright means absolutely nothing.

All our designs that we make are released free to the public. We even provide original source files for our designs.

Why?

You can't afford to defend your art. If I have more money than you, I can "steal" your artwork and could afford to lock you up in court for years.

Now, I just give it away. It's a great form of marketing, and we still sell a ton of our designs. On some of our sites, we even provide a link to let people download the same artwork to print themselves -- and people still buy from us.

Ignore this guy. How much time have you wasted on him that could've been better spent selling your goods?


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## precredit (Jan 22, 2010)

To Trefox2118- can you send me a link to one of your sites please?


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