Livonia, LA asked in Copyright and Intellectual Property for Louisiana

Q: Does copyright filed in the UK apply in the US? And if the products are cosmetic and similar does that apply?

I received a message from someone on Facebook regarding some cosmetic brushes that I customize in my free time and that I have sold to a few people. They claim that their brushes, which are similar, are copyrighted but I see no proof of it on the website or elsewhere. They are also located in the UK while I'm in the US. It is to my understanding that because of this their copyright would not apply regardless unless it were registered in the US as well. The copyright laws regarding cosmetics seemed a bit loose and difficult to understand. I just want to be sure that continuing to make my brushes will not be an issue, as I don't want legal action taken towards me and did not want to infringe myself in my response to the other party.

1 Lawyer Answer
Warren V. Norred
Warren V. Norred
  • Intellectual Property Lawyer
  • Arlington, TX

A: A work registered in the UK may be enforced here under the Berne Convention, but I'd ask them to give you proof of copyright.

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