Q: I'm starting to make and sell handmade crafts. I saw someone who had a similar idea as mine but hers is copyrighted.
So, I really love her ideas and they are similar to mine too. These are both handmade craft candles. These are candles in jars and my idea is very similar. I noticed though that on her site, hers is copyrighted, denoted by the small circle c at the top of her product. Can I still have something similar to her product since I was thinking of doing the same thing? Or can it not have the same color, scent, jar color, name, use of materials (wax) etc. to what extent can I make it my own without infringing on her copyright. It's a really general candle but it's copyrighted. I really want to make and sell it...but can I? Thank you!
A: It's hard to determine without more facts and the specific nature of her candles versus yours. Many creations can potentially be copyrighted, but the questions of uniqueness and confusion may give rise to dispute and even litigation. If she's made a relatively generic looking candle, it may be hard for her to defend her copyright and any potential efforts by her to force you to cease and desist making your creations. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
