Las Vegas, NV asked in Copyright for Nevada

Q: Can I be sued by someone who copyrights a phrase for clothing even though the design of clothing I made predates it?

I designed a specific shirt in 2017 someone filed for a copyright of the specific phrase on the shirt in 2018 it didn't get approved until 2019 and their lawyer is coming after me in 2023 sending me a cease and desist. What options are available to me here?

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
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  • Intellectual Property Lawyer
  • Beverly Hills, CA

A: This appears to be a trademark matter, not copyright. If you used a trademark for apparel and someone else applied to register the same mark based on use later than yours, you have priority. This is not only a defense to the claim of infringement, it may be grounds for cancellation of the registration.

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