Can I sue a company for stealing my design? 4 Answers as of December 07, 2011

Our practice does not sue people. When you make artwork you should place three things to identify them as a design you want to protect. The first is (c), the second is the date, and the third is the company or person who wants the protection. In your case this would be "(c) 2010 Your Name". If these were not present you could still have a case, but it might be more difficult. You should first try to contact the company directly to try and reach an agreement, or at the least give you credit for the design. You should locate a local intellectual property law firm to review both your artwork and the replica to determine the strength of your case.

I would be delighted to help you. Did you register your design or photographs with the copyright office? If not, you need to do within three months of publication (first use) to be qualified for statutory damages. Otherwise, we need to register your copyrights and claim actual damages ASAP. And here is the hard part.

You need to get a copyright registration first and then sue. You should also collect dated proof that you created the design at issue as the accused infringer is likely to try to show that it independently came up with the design on its own.

Litigation type questions such as these need to be addressed by an attorney who can review your matter in detail, and then provide you with options. Generally for a suit you need a cause of action (some type of breach and it would need to be proven that they actually did steal your artwork, which was protected and not something belonging to the public), and you also need damages. Assuming they did steal your art, how were you damaged? Did they keep you from making money on the art work? did someone want to buy the artwork and then changed their mind b/c they saw it on the game cover, therefore you are out potential funds? I do not do litigation. There are many who do. Good luck.