Is it possible that I committed copyright infringement by making a dress that looks like someone else’s?
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Is it possible that I committed copyright infringement by making a dress that looks like someone else’s?
I sell handmade tutu’s and dresses from my home. I recently saw a picture of a cute lollipop themed tutu dress and loved it so I made one just like it and put it up in my store for sale just saying “Candy Land Tutu, $45”. On the site where I saw the original there was no copyright symbols or information to be found anywhere, I did change up a few things like the color of the lollipops the type of straps and color of accent circles on the dress. Would this be copyright infringement if she did have a copy right on the dress that I didn’t know about or could see?
Asked on August 26, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A copyright infringement typically would pertain to the use of a song, book, music or something similar that is used for personal gain without the express authorization for its use by the person holding the copyright. The use of a tutu where you changed certain aspects of its design from the original one that you saw would seem to be more like a patent infringement assuming the item you altered was patented.
However, since you made a few additional changes from the item you used as a design for what you created for your own use, most likely you would not be running afoul of any registered patent that may apply to that tutu.
From what you have written, it does not appear that you engaged in any trademark infringement.
Good question.
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