Imitation might be flattering, but when your carefully crafted designs start appearing on a competitor’s website, it’s infuriating. Unfortunately, this isn’t rare.
The good news? Platforms like Etsy, Facebook, and Amazon offer tools to take down infringing products—but only if your design and business meet their protection criteria.
The DMCA & Your Designs
Your protection falls under the Digital Millennium Copyright Act (DMCA). As a design owner, you can file a takedown request with the hosting company to remove infringing content. This request must include a statement of ownership of the design or mark.
However, this isn’t a foolproof shield. The accused infringer can challenge the takedown, demanding proof of ownership. At this point, you’ll need to back up your claim—either by providing documentation or filing a federal lawsuit.
If you’ve registered your design with the U.S. Patent & Trademark Office or the U.S. Copyright Office, you’re in a strong position to overcome this challenge. Trademark and copyright registrations often suffice to prove ownership and quash the challenge.
What If Your Design Isn’t Registered?
If your design isn’t registered, things get tricky. U.S. law grants copyright protection once an original work is created in a tangible form, but platforms like Amazon or Etsy may still require official registration as proof of ownership before they’ll assist in removing infringing content.
Without registration, your legal rights are limited to what the hosting company is willing to do. Additionally, you can’t file a court case or seek damages for infringement without a copyright registration. Protecting your design without this registration is possible but challenging.
Copyright registration is relatively affordable, but processing can take months. There’s an expedited option, but it comes with a steep fee of over $1,000 per application.
Don’t Wait—Protect Your Designs Now
Avoid the scramble to protect your work after it’s already been stolen. The best defense is a proactive one. An experienced attorney can help you efficiently safeguard your most vulnerable creations.
The longer you wait to register your copyright or trademark, the costlier it becomes to enforce your rights. Contact us today to start a cost-effective protection program.