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Case study

Preserving Online Originality: How Legal Action Defended a Marketing Entrepreneur’s Creative Works Against Copycat Infringements

Amid the realm of online marketing, our client's creative materials were shamelessly copied by a competitor. Delving into the complex terrain of copyright protection, we explored the nuances of safeguarding visual identities. From summonses to secured evidence, we navigated legal avenues, resulting in a satisfying settlement. Dive into the narrative of battling online copyright infringement.
Walczak & Ignaszak Law Company

Background

Our Client is a sole trader creating various types of materials related to broadly defined online marketing for various types of entities. As part of his business, he creates various types of graphics, photos, and videos to be shared on social media in the form of stories, posts or Instagram reels. At one point, he encountered a situation in which a competitor of the entity for which our Client provided his services explicitly copied the entire visual identity created by our Client for his customer.

The issue

It is important to determine whether the manner of visual identification created by our Client for his customer, including a number of graphics, photographs and recordings, as well as descriptions, may be protected as a work under copyright law or whether individual elements “borrowed” by a competitor are protected under copyright law. Having reached the conclusion that at least some of the effects of our Client’s services are protected by copyright because they show creative features and individual character, it was necessary to carry out an examination of possible infringement using the so-called three-step test.

What we did

Recognising that our Client’s copyrights had been infringed, we issued a summons on his behalf and on behalf of the entity for which he had provided the indicated services, to cease infringement of copyrights in the works in question, as well as to cease acts of unfair competition. Importantly, before the summons was issued, the evidence of infringement was secured in the form of a notarial deed, in order to avoid possible evidentiary problems associated with the removal of the content infringing our Client’s rights from the Internet.

The result

In the course of negotiation rounds conducted with the infringer and our Clients, a consensus was reached, resulting in a mutually satisfactory settlement agreement. The infringer paid appropriate compensation and ceased further infringements, while removing the effects of those already committed.

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