Since my last update I have spoken to Primark who have said they have received my emails and will respond to my Cease and Desist letter in the next couple of days.
In addition to this I have been passed links to various useful websites which I think all of you independent designers/artists here in the UK should check out (sorry international folks).
The time I spent researching this could’ve been spent sewing beautiful patches for you guys, but then again, those beautiful patches I would’ve spent so much time creating could’ve been stolen like my “Too Cute to Care” patch and I wouldnt have known what to do! So I would recommend you take the time and have a look at the links below, along with the short description of how they can be useful to you. Just so you know how to protect yourselves and your work if a similar thing happens to you. Feel free to repost for any other artists who may find these links helpful. Hopefully they can protect their work before its potentially stolen, but if it is, the Patent County Court info is below too!
ACID (Anti Copying in Design) was created in 1996 by designers for designers and manufacturers who uphold the value of original design. ACID is committed to raising awareness and encouraging respect for IP within individual and corporate responsibility and creating a safer trading environment for its members. By encouraging design talent and nurturing and developing fairer trade in design, we help our members protect their livelihoods to maximise growth and minimise IP infringement.
Intellectual Property Office (IPO) Copyright Essential Reading PDF
Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on.
Copyright does not protect ideas for a work. It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright.
A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.
HM Courts and Tribunals Service - Guide to the Patents County Court Small Claims Track PDF
The Patents County Court (PCC) was set up in 1990. On 1 October 2010 a new set of streamlined procedures was implemented in the PCC and today the PCC it is intended to provide a less costly and less complex forum in which to try intellectual property disputes. It does so using a streamlined form of the multi-track procedure of the Civil Procedure Rules (CPR).
The Patents County Court has a multi-track and a small claims track. The small claims track is for suitable claims in the PCC with a value of up to £10,000.
From your friendly, neighbourhood Superhan(ecdote)