Medford, OR asked in Copyright for Oregon

Q: I received a letter today: from another Etsy designer stating that I can not use my design

Because it is similar to hers. I used my own image, design and ideas to create this. Yes it looks similar to hers but isn't. I tried to attach the letter but it is too long. Here is part of it?

In light of the above, I must insist that you immediately cease and desist from all further use, making, offering for sale, sale and display of all artwork that is confusingly similar to the Work, and to cease advertising and promotion of such works. Please notify me in writing that such actions have been taken.

What is considered confusingly similar when it comes to the law?

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1 Lawyer Answer
Mr. Michael O. Stevens
Mr. Michael O. Stevens
  • Intellectual Property Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: This is a rather complex question, and one that in many ways becomes a matter for a jury. Similar to what is the meaning of life.

That said, if your business is profitable, might consider sitting down with a copyright attorney; if not profitable, might not be worth the fight/hassle.

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