Q&A: Selling a file that contains a trademarked symbol without permission – infringement of intellectual property
Selling a file that contains a trademarked symbol without permission – infringement of intellectual property
Question
Hello Honorable Rabbi,
I posted on a website for selling files and art objects a file that I made which resembles a symbol, a logo that is well known around the world. This was done without the permission of the original intellectual property holders.
A short while ago I received a notice that my design of that logo infringes the intellectual property of that company and that I must remove it from the sales site. This is a file that costs around 3 shekels. I sold around 64 units.
Do I need to involve a legal professional to clarify the matter?
Is this considered theft, and how should one act to correct the wrong?
I would appreciate your response.
Thank you in advance
Answer
This is a question for legal professionals, not for me. What the law determines regarding copyright defines the intellectual property.
If you are asking according to pure Jewish law (without regard to Jewish law's recognition in civil law), it seems to me that if you did not take the idea from them, but rather came up with it independently and in parallel on your own, there is no prohibition in this at all, nor any obligation to pay compensation.
Discussion on Answer
If you took it from them, then it seems to me that even halakhically it is forbidden.
Thank you, Honorable Rabbi.
Right, the question is more about pure Jewish law.
I took the idea from them in some previous job where I had to design another product.
This is a famous symbol that I copied and sold in a slightly different template than usual.
Does that still apply?