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Can someone copy graphic prints on the t-shirt


16-Dec-2023 (In Trademark & Copyright Law)
Hi, I would like to know that a person can copy that the graphic prints of t-shirts or not. For example: - What would happen if I copy the prints of the tshirt which is sold on flipkart and sell it online on some other site? Please help me with the above laws. I am in urgent need of it.
Answers (5)

Answer #1
576 votes
hello there, if you do so it would amount to infringement of Intellectual property right. you should refrain from doing so or else you may be prosecuted under IP law at the same time infringed goods can be confiscated. a proper opinion may be given after seeing facts.
Answer #2
877 votes
Please get this fact very clear - copying anyone's item without his/her permission for commercial purposes which could have gone to him/her/them as commercial gain is wrong and is considered as crime under Indian laws. You will be prosecuted for the crime of selling the counterfeit items and a separate civil suit for damages will come against you as copyright infringement.
Answer #3
660 votes
Hi..

As long as what you are copying is not an exclusive work of any person/entity and is a work open to the general public, you can copy the print. However, in case the T-shirt company or any another person has right over the print, your copying of the same could attract a legal action for copyright infringement and in some circumstances both copyright and trademark infringement..

Therefore, you should be careful before copying anything for your commercial use and proper due diligence should be done before such copying to ensure that you are not doing anything illegal.

Hope the above is helpful.
Answer #4
565 votes
Dear querist, a very well thought and diligent question.
All creative people look for inspiration but it is most relevant that your inspiration is left to that and not turned into a copy; and is re-created/ re-defined into a sufficiently distinguishable (not mere tweaking is sufficient) and unique work of your own.
It is a BIG No if you are aware that an already registered logo or design or copyrighted graphic is being considered to be copied (whether or not of a brand).
Largely it is done in locals such as in case of Puma or Adidas or Nike or Being Human, but it does arise the scope of scrutiny and unnecessary and costly litigation.
No lawyer would ever advice their client to copy.. substantial re-creation and re-definition may still be supported.
If in the eyes of a common person, the inspiration is identifiable as copy, it amounts to infringement. So keeping the above in mind you may proceed or may contact me for further details through my profile.
Hope I have answered your query sufficiently.
Answer #5
642 votes
Hi, it will be violation of copy right as well as trade mark laws. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

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