I want to proceed with a copyright lawsuit. Is there any attorney who can help?

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I run a small company. Since security is important for us, we drafted NDAs. An employee resigned and used our company's core technology to start their own company. Could you let me know how to legally respond in this case?

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作者: 김국일

Hello. This is a copyright specialist attorney at Daeryun Law Firm.

Unauthorized copying and selling of clothing designs may constitute copyright infringement, and through a copyright lawsuit, you can pursue suspension of sales, damages, and even criminal complaints.

In your situation, there appears to be sufficient room for legal response.

Even clothing designs can receive copyright protection if they are creative expressions.

In particular, like the questioner, if the graphic elements, phrases, and shapes of T-shirts you personally designed can be recognized for their creativity, they can receive legal protection.

However, if the design simply followed common phrase arrangements or trendy forms, it may not be eligible for protection, so case-by-case review is necessary.

Whether copyright infringement applies is judged based on the following requirements.

✅Is it a design where copyright is established?

✅Is the other party's product substantially similar?

As you mentioned, if a 100% identical design is sold on the same platform, the likelihood of meeting the above requirements is quite high.

If you have evidence such as design drafts, sketches, plans, and production dates, it is much more advantageous.

You can use the following methods.

✅Application for provisional injunction prohibiting copyright infringement – A method to quickly stop the sale of the other party's products.

✅Damages claim lawsuit – You can claim sales damages calculated based on the infringement period and quantity sold.
✅Criminal complaint – Intentionally infringing on another person's copyrighted work for commercial purposes is subject to criminal punishment.

Our Daeryun Law Firm has copyright specialist attorneys, business specialist attorneys, and patent attorneys with rich experience in advising and conducting lawsuits regarding copyright disputes in the clothing, beauty, and e-commerce industries, and can swiftly proceed with provisional injunctions and copyright lawsuits to protect design rights and respond to infringement.

If you need more detailed advice regarding copyright lawsuits, please feel free to contact us for consultation.