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Selling a file containing a trademark without permission – violation of intellectual property

שו”תCategory: HalachaSelling a file containing a trademark without permission – violation of intellectual property
asked 3 years ago

Peace, Your Honor,
I posted on a site selling files and art objects.
A file I made that resembles a world-famous symbol, logo. This was done without the permission of the original intellectual property holders.
I recently received a message that my design for this logo infringes on the intellectual property of that company.
And that I have to remove it from the sales site. It’s a file that costs around 3 NIS. I sold around 64 units.

Should I involve a legal entity to clarify this matter?

Is this theft and what action should be taken to correct the wrong?

Thank you for your response.

Thanks in advance.

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0 Answers
מיכי Staff answered 3 years ago

This is a question for lawyers, not me. What the law states regarding copyright defines intellectual property.
If you are asking about pure halacha (regardless of knowing the halacha in law), it seems to me that if you did not take the idea from them but invented a symbol and at the same time yourself, there is no prohibition in this and no obligation to compensate.

ציון replied 3 years ago

Thank you, Your Honor

That's right, the question is more about pure law.

I took the idea from them in some previous work where I had to design another product.

It is a famous symbol that I copied and sold from it in a slightly different format than the usual one.

Is this still valid?

מיכי replied 3 years ago

If you take from them, then it seems to me that it is also halachically forbidden.

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