Has my design been substantially copied? Opinion needed

If you are worried about infringement or your work has been copied and you want to take action.
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Tometoyou
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Has my design been substantially copied? Opinion needed

Post by Tometoyou »

Hello,

I'm looking for some advice and opinions regarding a design that looks very similar to a design I sell and make a living from. I have a basic understanding of copyright and I understand that anyone is free to make these style of vouchers and apply their own artistic execution to make their own unique design. However, I feel this design in particular is very similar to the design I created a number of years ago.

The colours, layout and positioning and the wording are all very similar, in my opinion and it looks as if they have just copied it and move two or three things around. There's 100s of ways this idea can be executed and created and there are others out there with their own style and design which look great which are not copies of mine.

So my question is, is this design infringing enough for my to request them to change or or even take it down until its changed?

Below is the design in which I feel may be infringing my design.

Image

Below is the design I made a number of years ago.

Image

Any advice would be great and I appreciate the replies.
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AndyJ
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Re: Has my design been substantially copied? Opinion needed

Post by AndyJ »

Your images are missing
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Tometoyou
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Re: Has my design been substantially copied? Opinion needed

Post by Tometoyou »

Apologies about the missing images from the original post. I've re-uploaded them here.

Below is the design I have came across which looks very similar to mine, apart from two or three things in different positions.

Image

Below is the design I made a number of years ago.

Image

I would just like to know if I'm not over reacting here and ask them to take it down. There are other designs and themes like this but non are as close in looks and design as this one is to mine.

Thanks again for any opinions and advice.
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AndyJ
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Re: Has my design been substantially copied? Opinion needed

Post by AndyJ »

Hi Tometoyou,

Similar certainly, but I wouldn't say the two designs were close enough to amount to infringement. The main similarity (apart from the text 'Pack a bag [...] we're going on a staycation' which is not protectable, I suggest) is the dotted trail with the car symbol. But both elements, the dots and dashes, and the actual car, are different in each case, so it is just the idea which has been copied (assuming there has been any copying). As you are aware ideas alone cannot be protected, just the expression of the idea.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Tometoyou
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Re: Has my design been substantially copied? Opinion needed

Post by Tometoyou »

Thanks for the reply. I just wanted a few opinions before I waste any time taking further action but I guess this is just part and parcel of selling online. Annoying but suppose there's not a lot you can do :shock:
Nick Cooper
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Re: Has my design been substantially copied? Opinion needed

Post by Nick Cooper »

AndyJ wrote: Mon Jul 25, 2022 10:26 amso it is just the idea which has been copied (assuming there has been any copying).
I would think that it is undoubtedly copying, but clearly whoever is behind the copying has been wise enough to change enough elements to be "different." Then again.... Red Bus...
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