Goshen Police Badge Cited For Infringing Copyright
Goshen Township and its police chief are both facing a copyright infringement lawsuit over the design of the police department’s badge. The designer of the badge says he designed no fewer than 8 drafts for the department in 2015 at the request of the police chief at the time. The design was intended to be used on uniforms, vehicles, and paraphernalia of the Goshen police department, according to the lawsuit, and the designer registered the design with the U.S. Copyright Office.
The police chief said in a sworn affidavit filed with the lawsuit that he expected the township to compensate the designer who worked with the manufacturer of the patch to deliver a product to the department.
Around 2016, the police chief was replaced by another officer. At the direction of the new police chief, the Goshen Police Department began using the plaintiff’s design in all facets of its operations, without obtaining the plaintiff’s consent or compensating the designer to whom the copyright was registered. The plaintiff also alleges that the Goshen Police Department “specifically altered and defaced the design by removing the © symbol from the design. The new police chief is being sued both in his professional and private capacities.
Analyzing the case
In this case, the artist who designed the police department’s logo registered the trademark with the U.S. Copyright Office prior to being compensated for the design. The design and the copyright thus belong to the artist, not the police department, until the artist sells the copyright to the police department. The logo was used without the permission of the copyright holder and thus, the lawsuit is valid.
Copyright infringement lawsuits
Kohl & Cook Law Firm, LLC represents the interests of both those who have had their copyrights violated and those seeking civil defense attorneys to defend themselves from copyright infringement allegations. It’s important to recognize that both companies and private citizens can be accused of copyright infringement. Several copyright infringement lawsuits have been filed against private citizens over the illegal downloading of music, films, photography, and more. Such lawsuits come with potential damages in the tens of thousands of dollars, even if you choose to settle.
If you’re filing a copyright infringement lawsuit, you need to be able to establish that you were the rightful owner of the copyright and that the defendant violated one of the exclusive rights of the copyright owner. This generally means establishing that the defendant had access to the original work and that the works are substantially similar. In the case mentioned above, the works are identical but for the copyright symbol which had been mysteriously removed.
Talk to a Columbus, OH Business Torts Attorney Today
The Columbus consumer attorneys at Kohl & Cook Law Firm, LLC represent the interests of those who have either had their copyrights violated or those who are being sued for copyright violations. Call our office today to schedule an appointment, and we can begin investigating your claims right away.
Source:
fox19.com/2022/04/22/goshen-township-police-chief-accused-badge-copyright-infringement/