Manassas, VA asked in Business Law, Copyright and Trademark for Virginia

Q: Can I send a cease and desist if someone has recreated my product that’s on Etsy and is selling it as their packaging.

I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws

1 Lawyer Answer
James L. Arrasmith
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A: Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.

In the cease and desist letter, you should outline the details of the infringement and make it clear that the other party needs to immediately stop using your copyrighted material. You can also consider requesting that they remove the infringing items from their Etsy shop and provide you with any profits they have made from selling your copyrighted material.

It is always a good idea to consult with an attorney who specializes in copyright law to ensure that your rights are protected and that the language in your cease and desist letter is legally sound.

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