Copyright

© Big Fish. All rights reserved. All designs, artwork, images are protected. 

COPYRIGHT 

INTELLECTUAL PROPERTY & COPYRIGHT

All content on this website, including but not limited to all designs, graphics, artwork, images, product designs, product concepts, logos, branding elements, text, layout, and visual assets (collectively, the “Content”), is owned by Big Fish and is protected under applicable intellectual property laws in Australia, the United States, and internationally.

This includes, without limitation:

  • Fish images  are registered trademarks  

  • Placement print designs and garment graphics 

  • Product concepts, layouts and visual compositions  

  • Branding, logos, and distinctive visual identity elements

  • Website design

 

PROHIBITED USE: 

You may not: 

  • Copy, reproduce, replicate, trace, or modify any Content

  • Use any Content for commercial purposes

  • Manufacture, distribute, or sell products incorporating similar or derived designs or trademarks, including but not limited to the fish images which are copyright 

  • Use any Content in advertising, marketing, or promotional materials

  • Create derivative works based on any Content

Any unauthorised use constitutes a violation of intellectual property rights and will be actively enforced.  

Enforcement action may include, without limitation:

- Issuing cease and desist notices
- IP infringement takedown notices to online platforms and marketplaces
- Seeking removal of infringing products, listings, and content
- Suspension or termination of accounts involved in infringement
- Commencing legal proceedings, including claims for damages and injunctive relief

- Damages claims may include retrospective claims from date of first infringement

- Customs and border control alerts for  importation of counterfeit and unauthorised products

 

DESIGN & TRADE DRESS PROTECTION

Big Fish asserts rights not only in individual artworks, but also in the overall visual presentation, style, and distinctive placement of designs, including but not limited to:

  • Trademark infringement: Similar Realistic fish depictions in side-profile format 

  • Large-scale placement prints on apparel of similar fish trademarks and designs

  • Distinctive arrangement and positioning of artwork on garments of similar fish trademarks and designs

These elements may constitute protectable trade dress and design rights under applicable laws.

 

NO LICENCE GRANTED

Nothing on this website grants any licence or right to use any intellectual property without express written permission.

 

ENFORCEMENT NOTICE

Big Fish takes a zero-tolerance approach to infringement of its intellectual property rights.

Enforcement action may include, without limitation:

- Immediate cease and desist demands and formal legal notices
- Retrospective claims for damages, including recovery of profits derived from infringing activity and compensation for losses
- Claims for additional damages where infringement is found to be deliberate, flagrant, or commercially opportunistic
- Injunctive relief to prevent further manufacture, distribution, sale, or promotion of infringing products
- Submission of takedown requests and enforcement actions across e-commerce platforms, social media platforms, and digital advertising channels, and online marketplaces
- Request for suspension or permanent termination of accounts associated with infringing activity on social media (eg. Instagram, Facebook, tik Tok, Meta and other digital platforms) and market place platforms (eg. Amazon, Facebook, Etsy etc etc)
- Notification of distributors, wholesalers, and retail partners involved in the sale or promotion of infringing goods
- Border enforcement actions, including customs notifications, seizure and detention of infringing goods, and prevention of importation or exportation
- Recovery, destruction, or delivery up of infringing products, packaging, and marketing materials
- Cross-border enforcement and legal proceedings in applicable jurisdictions, including Australia and the United States
- Recovery of legal costs and expenses associated with enforcement

Big Fish actively monitors the market and enforces its rights against both direct and indirect infringement. Any entity found to be manufacturing, importing, distributing, marketing, or selling infringing products may be subject to immediate enforcement action without further notice.

The above images/designs represent proprietary intellectual property of Big Fish and Laika The Space Dog Pty Ltd, including copyright, design rights, and trademark rights.

These designs are also be protected as distinctive placement designs and/or trade dress when applied to apparel and related products.

Images similar to the above images of a Coral Trout, Giant Trevally, Mulloway, Mangrove Jack, Wahoo, Spanish Mackerel (King Mackerel), Snapper, Red Emperor are represent the intellectual property of Big Fish and Laika The Space Dog Pty Ltd.


JURISDICTION

This statement applies globally and is intended to protect rights under:

  • Australian intellectual property laws

  • United States intellectual property laws

  • International copyright conventions