Hi we bought this Design by RACIDSQUARE on Mintees 2 Months ago.
http://www.mintees.com/tees/372561-captain-of-dreams/?order=recent&sort= (posted january 2014)

Now Impericon and Kingsroad are selling this Parkway Drive Shirt on their website
http://www.impericon.com/de/parkway-drive-compass-t-shirt.html

we sent the shirt to the printer two days ago and went out partying yesterday to see a guy in a bar wearing the parkway drive shirt. We were shocked :(

now what can/should we do? can we still get our shirt printed? Could we face any legal consequences? We don't want to get sued for selling our shirt. Whom should we contact?

Thank you for your help in advance!
  • Oliver182

    Our Design
  • Oliver182

    Parkway Drive
  • bsteczdesigns

    Yeah there's too many similar elements that one or the other saw the other design first and made theirs. Perhaps contact Impericon and see if you can find out who designed that tshirt, and at what time?
  • EricAbstruse

    Honestly looks like RACIDSQUARE changed/added a few things and sold it to Parkway Drive.
  • justinbryant

    EricAbstruse said:Honestly looks like RACIDSQUARE changed/added a few things and sold it to Parkway Drive.

    This is what I was going to say. Rip or additions/change to the design and sold again, both are shitty situations in my eyes.
  • Cameron Latham

    justinbryant said:
    EricAbstruse said:Honestly looks like RACIDSQUARE changed/added a few things and sold it to Parkway Drive.

    This is what I was going to say. Rip or additions/change to the design and sold again, both are shitty situations in my eyes.

    Agreed. Best bet would be what bsteczdesigns said - email Impericon about the situation, or perhaps even Parkway Drive or their management.
  • THEGOODSHIT

    EricAbstruse said:Honestly looks like RACIDSQUARE changed/added a few things and sold it to Parkway Drive.

    agree
  • THEGOODSHIT

    maybe racid square's style is by making objects then combine it to make designs or interchange the object's arrangement. best if you clarify it to racid square
  • myohmy Design

    THEGOODSHIT said:maybe racid square's style is by making objects then combine it to make designs or interchange the object's arrangement. best if you clarify it to racid square

    Totally. I'm not familiar with his work, but just a simple search on Facebook brought up a piece of his from 2011 and it seems like this layout is a motif he has done several times. May be work contacting him to find out if he's rearranged his designs and resold. I've come across illustrators doing this before, it's a crap situation but I maybe he sees it as 'his style' which is why its been altered and re-used on each of these.

    Image and video hosting by TinyPic

    THIS is why we need a tourbus (unfortunately not a nightliner...). Check out these awesome shirts, girlie-shirts,...

    Posted by PUNCHERS PLANT on Tuesday, September 27, 2011
  • Cameron Latham

    THEGOODSHIT said:maybe racid square's style is by making objects then combine it to make designs or interchange the object's arrangement. best if you clarify it to racid square

    Everyone has recycled an element or idea before, but when you're doing that for the majority of your designs, it says a lot about your ability and work ethic. Not that all of his designs are like that, but most times I see dude's work in the queue, I feel like I've seen it before.

    After a quick browse of his designs, I noticed this:

    Same spaceship - http://www.mintees.com/tees/381842-the-outer-space / http://www.mintees.com/tees/381841-united-space

    Same skull - http://www.mintees.com/tees/373948-buried-to-death / http://www.mintees.com/tees/366002-death-to-glory

    Likely more, but I only noticed the ones that immediately caught my eye. That said, it seems very likely that the case is that he rearranged the original design to create the "new" one for Parkway Drive.
  • myohmy Design

    Cameron Latham said:
    THEGOODSHIT said:maybe racid square's style is by making objects then combine it to make designs or interchange the object's arrangement. best if you clarify it to racid square

    Everyone has recycled an element or idea before, but when you're doing that for the majority of your designs, it says a lot about your ability and work ethic. Not that all of his designs are like that, but most times I see dude's work in the queue, I feel like I've seen it before.

    After a quick browse of his designs, I noticed this:

    Same spaceship - http://www.mintees.com/tees/381842-the-outer-space / http://www.mintees.com/tees/381841-united-space

    Same skull - http://www.mintees.com/tees/373948-buried-to-death / http://www.mintees.com/tees/366002-death-to-glory

    Likely more, but I only noticed the ones that immediately caught my eye. That said, it seems very likely that the case is that he rearranged the original design to create the "new" one for Parkway Drive.

    That's pretty safe to say he does this a lot then. I would say it's ok to recycle motifs and elements if you are selling or using for one brand/client, but to then sell those designs separately to completely unrelated clients is a bad way to operate. It's inevitably lead you (and him) to this point. Personally I think its Racid Square's responsibility to compensate you for putting you in this position. You were under the impression you were purchasing a unique design.
  • justinbryant

    I'm not going to fault Racid for recycling elements. Like the use of the skull, one could argue the 2 designs Cameron are pretty similar, but the Architects design that uses it, it's different enough to be a new design.

    My problem with Oliver's situation is that the designs are just way too similar. It's practically the same design, just some elements added to the Parkway Drive design which makes it feel "bigger" and more complicated.

    I don't feel it's right for a designer to make a shirt design for client A, then switch around or add elements to the design and sell that "new" design to client B.
  • miles to go

    At least you know not to buy designs from racid ever again. That's pretty shitty and I've only had a designer use a similar background element for someone else's design a month later and that was annoying enough.

    Let's hope the sales of your design go well enough to at least make a little off of it.
  • Oliver182

    Hey guys, thank you so much for your responses so far.
    I talked to the people at Impericon and they couldn't tell me who made the design but it had been in their shop since almost 3 years. So the PWD Design was online before Racidsquare posted our Design here. So either Racidsquare did the PWD design, reworked it and sold it to us or he stole the idea from someon else.

    I offered him to give us the money back and sell the design to another band. No further consequences or questions asked. So far he hasn't responded to any of my five e-mails nor to the facebook messages I sent him.

    What can we do? Is there a way to tag his mintees profile in this talk post. I really want him to read all of this.

    Thank you for your all your effort in advance. I think Mintees is a great community and ever since I got into this "Bandshirt Business"-thingy, I've loved browsing Emptees and Mintees
  • Cameron Latham

    Unless he's been ripping someone this whole time, I don't think he stole the idea from anyone else. Despite this situation, he has a fairly recognizable style; which seems to be serving to his detriment.

    The unfortunate case here looks to be that he created the Parkway Drive design some time ago, then simplified and rearranged the design and put it up for sale. The fact that he's reused elements for "different" designs prior to this and that he's not responding to your messages only digs his hole deeper.

    What's more unfortunate is that I can't really think of much else to do at this point. There's no tagging system on here and he hasn't responded to email or Facebook. Public callouts usually work best, but he hasn't responded to this thread yet, so I doubt he'll show up.
  • cmeyers

  • EricAbstruse

    cmeyers said:the dude loves hourglasses

    http://racidsquare.deviantart.com/art/Rush-Hour-202493792

    because he knows his time is limited.
  • cmeyers

  • Oliver182

    cmeyers just made my day. thanks!
  • Who is Ryan C.

    Dis A+ shade

    Eric I'm proud
  • zamboaga

    Indonesia has a lot of talents.
  • EricAbstruse

    Who is Ryan C. said:Dis A+ shade

    Eric I'm proud

  • BodilPunk

    zamboaga said:Indonesia has a lot of talents.

    we'll take that as a compliment :)
  • zamboaga

    BodilPunk said:
    zamboaga said:Indonesia has a lot of talents.

    we'll take that as a compliment :)

    Of course. You, Jinggam and Skitchman are my favorites.
    Well, Racidsquare also. As you can see on my liked tees Racidsquare's
    designs fill it up. But this is kind of individual reputation.
    So as I say, Indonesia has a lot of talents.
    You're welcome BodilPunk :)
  • myohmy Design

    That's crap that he's not replying. I did find this old post confirming it was definitely him that did both. Maybe it's ok for you to use as its the same artist that you've worked with and he's not ripped off another artists work, just recycled his own design elements. Maybe it's best to look at it as you, and Parkway/Impericon, have happened to have used the same artist and therefore you shouldn't look at it as an infringement issue. It's just a natural coincidence from having used the same artist.

    http://www.mintees.com/tees/364828-together-we-sail/?order=recent&sort=
  • Cameron Latham

    myohmy Design said:That's crap that he's not replying. I did find this old post confirming it was definitely him that did both. Maybe it's ok for you to use as its the same artist that you've worked with and he's not ripped off another artists work, just recycled his own design elements. Maybe it's best to look at it as you, and Parkway/Impericon, have happened to have used the same artist and therefore you shouldn't look at it as an infringement issue. It's just a natural coincidence from having used the same artist.


    http://www.mintees.com/tees/364828-together-we-sail/?order=recent&sort=

    Yeah, there's definitely no legal issues here. It just brings to light that if people are going to hire this guy, then they should be wary that another band may have essentially the same design. He's not a bad designer, so I'm not sure why he does it.
  • dbdesign

    In my opinion, the PWD design looks like the original design out of the two.

    --Just saw that it was the same artist for both designs. Both designs suck, but as a designer that is a real shitty and unprofessional thing to do. What did you pay for the design, $100?

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