Elizabethtown, PA asked in Copyright and Intellectual Property for Pennsylvania

Q: I have received a copyright infringement notification on my eBay account about a product I am selling.

The product is a dumbbell fitness bracelet that has the words "Live","Lift" on the bracelet. The notice is coming a company that sell similar bracelets that h that has the words "Fit", "Life" on it. The bracelets are very similar but clearly different based on the text. Is this truly copyrighted that I can't make a different bracelet or is this just a bullying attempt on the their part to stop all competition?

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Intellectual Property Lawyer
  • Dallas, TX

A: An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts. To infringe, your product would need to be nearly an exact replica. Based on your description, this is far from true. I recommend having an attorney prepare a response.

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