Copyright question regarding print on demand.

Question

I was selling tshirts on teepublic but they changed my account to apprentice level which means that generally, me designs don't appear in searches. So I started only uploading designs that I wanted to run a specific facebook add on or designs that I wanted for myself. I wanted a shirt with the Prince symbol on it. Couldn't find one anywhere so I made on and ordered it. Suddenly they started selling. Haven't sold a ton but I don't want to get sued either. There are a lot of Prince shirts on the site that are searchable. If they see it, am I likely to just get a cease and desist or are they going to sue me? I'm in Colorado. Do they have to come here to go to court or do I have to go where they are?

James L. Arrasmith · Answer

Using a copyrighted image like the Prince symbol without permission could lead to legal issues, as it is considered intellectual property. Even though other similar designs may be on the site, that doesn't guarantee protection from potential copyright enforcement. Large companies or rights holders often monitor for unauthorized use of their intellectual property, so it's possible you might receive a cease-and-desist notice if they notice your design. 
 
If you receive a cease-and-desist, it generally means they want you to stop using the design without escalating the matter. However, if you continue selling it after receiving such a notice, the rights holder could potentially sue you for damages. Legal action can be expensive and complicated, so it's best to be cautious. 
 
If you are sued, jurisdiction can depend on various factors, including where the rights holder is located and the laws of the state. Sometimes, you may be required to travel to where they file the lawsuit, but there are also instances where they may need to come to your location, depending on the circumstances. It's important to take proactive steps to protect yourself from potential legal consequences.

James L. Arrasmith · Answer

Selling shirts with the Prince symbol can put you at risk of copyright infringement, especially since the symbol is closely associated with a well-known artist. If the rightsholders discover your design, they could issue a cease and desist letter, which is often the first step. This letter would demand that you stop selling the shirt and take down any listings. However, continued infringement could lead to a lawsuit. 
 
The chances of being sued depend on various factors, including how aggressively Prince's estate enforces its rights and the visibility of your design. It's not uncommon for large estates to monitor platforms like TeePublic. Even though other Prince-related designs are on the site, that doesn't mean they are authorized or immune from legal action. 
 
If a lawsuit were filed, jurisdiction would depend on several factors. Generally, a court in Colorado could have jurisdiction if you reside there, but it's possible that you'd need to defend yourself in another state if that's where the rightsholder files. Consulting with a legal professional would be wise to understand your risks and how to protect yourself.

Q: Copyright question regarding print on demand.