What to do if an Indian T-shirt company has been selling T-shirts with my illustration on them without my permission, agreement or knowledge?

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What to do if an Indian T-shirt company has been selling T-shirts with my illustration on them without my permission, agreement or knowledge?

I am a graphic designer.

Asked on August 29, 2014 under Business Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a lawsuit for violation of intellectual property (e.g. copyright), but if the company is based on reservation land, you may have a great deal of trouble gaining jurisdiction over them. If the owners are indians, but the business is off-reservation, suing them should be like suing any other business; but it is very tricky to assert jurisdication over entites on reservation land and it may not be worth the expense and effort. (For example, you'd almost certain have to hire an attorney, and he/she may have alot of work to do--that could cost you more than you hope to recover.)


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