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is pastiche illegal?


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Posted by Jackie Bell on July 05, 2002 at 09:39:02:

I designed some travel bags with printed fabric that took influence from some well known beer companies. The labels do look similar, but the dimensions and wording etc. have all been changed and I always stated I had taken influence from the original company on my website and to any customers. I even sent the companies examples of my work over a year ago to show them what I was doing and to ask if they had any objection. When I didn't hear anything I assumed it was okay to go ahead and sell them. I have now been notified by someone representing one of these companies they have the intention to sue as I've infringed their trademark. They bought a bag from me for this purpose. I'm only a one woman business, working from home. I'd certainly stop selling any more of these immediately, but they want damages, legal expenses and for me to send all my stock to them to be destroyed! I wasn't doing this to pass the items off as "by the company" it was merely pastiche, which many fashion companies do, and I'm not in the same line of business!

Any advice you can offer would be greatly appreciated -I'm pretty scared, thanks!


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