Question posted in the Intellectual Property Law category relating to Eastern Cape
Hello,
I am not from South Africa but from the Netherlands, however I have the same problem as someone else who asked for your help in this link:
https://www.salegaladvice.co.za/question/9942/i-am-a-freelance-graphic-designer-and-had-a-redbubble-online-store-now-closed-wh.php
I was wondering wether you could bring me in contact with this person since I really would like to know how his case ended. Wether the Grumpy Cat people still went after him or if it ended well for him.
I am very nervous about this whole thing and would really like to talk to him.
Hoping to hear from you,
Andre Punter
Message from the Lawyer
Hi Andre,
I don't have access to their details at all (only the customer support does) but perhaps if you could explain what is happening to you I can then reach out to the customer support and also to the other user to find out what happened?
Message from the client
Basically I have the same problem as the person in the link: the company from " Grumpy Cat" is sueing me through email. Me and around 250 other persons/designers who sell designs on t-shirts and other merchandise on the Red Bubble website. (the email includes the list with sellers). Their complaint is I apparently use a design that resembles their copyrighted or trademarked design of their "grumpy cat" . But my design doesnt look like their cat at all. IT is however a silhouette of a cat looking grumpy and therefor I did name it " a grumpy cat.." the words "grumpy cat" are also in the description etc. My guess is they just scan websites for the words " grumpy cat"... but still they slam me with powerfull legal terms and such. Which make me very nervous. I am not a compnay or business.. I just do this as a hobby and of these few designs I earned roughly 11,50 euros in a year or so.
Message from the client
Message from the Lawyer
Hi again,
Customer support has responded to me to say that the other person didn't do anything in relation to the litigation, primarily because the litigation was happening in the US and the other person is based in South Africa, and they have not heard anything further. Obviously, the court order forced Red Bubble to shut down the store link, but that's all. They have not had any further correspondence from the Grumpy Cat people. The other person did also say that they had told Grumpy Cat's attorneys that they had also earned just a couple of dollars off of the picture ... so she thinks that they have just closed the file.