Can I sue a company for stealing my design? 6 Answers as of May 31, 2013

I posted my artwork online back on 4/29/2010 and I had purchased a video game and noticed the cover and the end of the game had an exact replica of my artwork I had done in 2010. The game just came out in 11/1/2011. I was wondering, can you help me sue the company for stealing?

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Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
Yes, you can definitely sue the company for stealing your design.
Answer Applies to: California
Replied: 5/30/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
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.
Answer Applies to: California
Replied: 12/7/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes.
Answer Applies to: Oregon
Replied: 5/31/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
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.
Answer Applies to: New York
Replied: 12/7/2011
Tran & Associates | Bao Tran
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.
Answer Applies to: California
Replied: 12/7/2011
    Ochoa and Associates
    Ochoa and Associates | Susan Ochoa Spiering
    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.
    Answer Applies to: Texas
    Replied: 12/7/2011
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