Vista, CA asked in Copyright for California

Q: Are word designs on a mug or shirt considered copyright?

If someone made a mug for sale online that read "I love my dog and like 3 other people". Can someone else make a mug with the same exact words on it?

Related Topics:
2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Probably not. There is a formal copyright and a common law copyright that attaches to the intellectual property of the person that creates it. An author does not have to copyright a script in order to prevent someone copying it directly, which is what you propose.

Justia disclaimers below, incorporated herein.

Evelyn Suero agrees with this answer

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I realize you asked 2 questions. "Probably not" replies to the second question- Can someone else make a mug with the exact same words on it? As for "Are word designs on a mug or shirt considered copyright?" the response is probably yes. A design is unique to the creator and the use of particular words in a phrase (like "Have a nice day" or "Baby on board") can also have the uniqueness to subject it to a common law copyright or even an issued copyright. The idea is that the "intellectual product" is actually PROPERTY that a person can have title to. These can be subject to copyright protection, whether the copyright is a registered copyright or not. Making the same product with the exact same words is usurping the original creator's "intellectual property."

A: Did this spray tanning salon employ you? Or did you just sell it some equipment? You posted in employment law, which is usually reserved for employment questions. Did the owner personally guarantee the payment on the purchase of the equipment from you? Often in financing commercial equipment the finance company requires a personal guarantee. If you have one then you sue everyone. If you are going in Small Claims, you might as well sue everyone anyway, in case there is a problem with the formation or maintenance of the LLC. You need to check the Secretary of State website to verify the status of the LLC, because if it is suspended, there is no LLC and you sue the individual.

Justia disclaimers below, incorporated herein.

1 user found this answer helpful

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.