Recent copyright lawsuit,details worth reading

idraw
Honored Contributor

This is an eye opening example what can happen when copyright goes to court and then to trial.
<https://www.texasmonthly.com/style/cat-and-dogma-target-copyright-lawsuit/>

10 REPLIES 10

Windy
Honored Contributor II

Fascinating! And look how Target went so far as to use the I uncapitalized, just as the designer did!

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Barbara
Esteemed Contributor

That's one for the good guys...sort of. I rather doubt Target will mend its ways. Too much money to be made.

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PenguinPower
Valued Contributor III

Hmmm… I guess it’s a good thing for her I wasn’t on her jury… I just don’t find what she did there to be unique enough really.. Yeah Target definitely copied her, with a quite similar, but clearly different font, but I just don’t think she can lay sole claim to the words I love you written in any and all script handwriting fonts… Turn this around - how would you feel if Target was the one who’d had it first and they were going around stopping everyone else? 

Windy
Honored Contributor II

Excellent point!

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Got that right. I can probably find 20 fonts that look just like that as well. There's also tons of fabric you can buy with "I love you" patterns, so it's not a new concept, either. And, you have to be able to afford a law-yuh who's willing to take on a Target.

Connie
Honored Contributor

I totally agree! There is nothing unique about her design!

Fizzy
Contributor

Hmm. So she asked for $10.4 million and was given $1 million. I wonder what the amount was that Target offered her for a settlement out of court 🤔. While I applaud her gumption to take on a big corporation, she must have realized that her design wasn't that special and that there were tons of variations of it floating around.

PenguinPower
Valued Contributor III

She probably ended up giving a lot of that money to the lawyers and the IRS... and as the taxable amount is what you've been awarded *before* the lawyer takes his/her cut, the bill from Uncle Sam may be a bit of a shocker. Yes, it's not a wonder that people often are advised to and do just take a settlement.

Windy
Honored Contributor II

I had to look this up! More information here about when and whether an award in a lawsuit is taxable or not. https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments In the case of the plaintiff, yes, I think the award would be taxable as the award was intended to replace lost income.  

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PenguinPower
Valued Contributor III

Yeah, I figured it would be income, but I did look it up before I totally assumed it... you only get to keep the money tax free if its money from a personal injury and you get taxed on the full amount of the settlement no matter how much your lawyer keeps..