Tescowatch (an occasional series)

[ramtops]

"I have not supplied the design or pattern to them and I did not give my consent for my design to be used but it seems that doesn't count when it comes to big business, they just take what they want regardless of the intellectual property rights of individuals."

More here. Robbing bastards.

Edited to correct incorrect link.

Comments

[jozafeen]

The robbing dogs! :-(

[major_clanger]

I've commented on her blog suggesting she seek free legal advice from Own-it (if she does, her problem may land in my in-tray, as I'm on their pro bono advice rota!)

I think there is a good argument that her unregistered design right in these items has been infringed. In case anyone's wondering though, this is different from the "knitted dalek" case a few months back, as that involved an original knitting design created from a TV prop, which for somewhat involved legal reasons is not an infringement.

[ramtops]

I think you might be wise to advise her to remove the phrase "public domain" from her post, as I think she really doesn't understand what it means.

[major_clanger]

Someone else already has, although I think the way she has a copyright notice on her web page should make it clear that she hasn't waived her rights in her designs. (To do that such that she couldn't then enforce them, I think she'd have to have a prominent notice saying something like 'these designs are public domain / CC-licensed for commercial use, and you may use and sell them').

[ramtops]

Fair enough :) I'm glad you're able to advise her.

[peaceful_fox]

That's one of the most sh*tty things I have seen recently. Jerks who think they can just walk all over people get to me.