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Q
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I run a clothing sales business. Recently, a company that is on the same platform has been selling a T-shirt 100% identical to the T-shirt I designed and sell myself, at a slightly lower price. I can proceed with a copyright lawsuit for this, right? If there is an attorney who is well versed in copyright, please respond.
copyright lawsuit
Answer
Published:
Author : Kuk Il KIM
Hello. This is an attorney experienced in copyright cases at Daeryun Law LLC.
Copying and selling a clothing design without authorization may constitute copyright infringement, and through a copyright lawsuit it is possible to pursue a halt to sales, damages, and even a criminal complaint.
In your situation as well, there appears to be ample room for a legal response.
Even a clothing design can receive copyright protection if it is a creative expression.
In particular, as in your case, if the graphic elements, phrases, and shapes of the T-shirt you designed yourself can be recognized as creative, they can receive legal protection.
However, if the design merely follows a common arrangement of phrases or a trending form, it may not be subject to protection, so a case-by-case review is necessary.
Whether it constitutes copyright infringement is judged mainly on the following requirements.
✅ Is it a design in which copyright is established?
✅ Is the other party's product substantially similar?
As you describe, if a 100% identical design is being sold on the same platform, the likelihood of meeting the above requirements is quite high.
If you have evidence such as design drafts, drafts, planning documents, and production dates, it is much more advantageous.
You can make use of the following methods.
✅ Application for a provisional injunction prohibiting copyright infringement : this is a method that can promptly halt the sale of the other party's product.
✅ A lawsuit claiming damages : you can calculate and claim the amount of sales loss based on the period of infringement and the quantity sold.
✅ A criminal complaint : if a person intentionally infringes another's copyrighted work commercially, it is subject to criminal punishment.
A copyright infringement case requires legal expertise in matters such as creativity, substantial similarity, and proof of damage.
Our firm, Daeryun Law LLC, can proceed with prompt provisional injunctions and copyright lawsuits for the protection of design rights and responses to infringement, together with attorneys experienced in copyright cases, attorneys experienced in corporate law, and patent attorneys who have extensive experience advising on and conducting litigation over copyright disputes in the clothing, beauty, and e-commerce industries.
If you need more detailed advice regarding a copyright lawsuit, we will be glad to assist you with a consultation at any time.

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