The Legal Light Justin Stack Beware trademark infringement when selling online A Sydney woman who sold a T-shirt online bearing the image of an unhappy-looking cat has been hit with a $US100,000 ($A154,426) fine by an American court for trademark infringement. Her image of a sourpuss cat was deemed by the US court to be close enough to a real cat whose scowling face had been trademarked as Grumpy Cat. The American cat - real name Tardar Sauce - became an internet sensation in 2012. Because of her scowling look and accusatory eyes, she was dubbed Grumpy Cat. As her popularity spread, her face became a symbol on the internet for the generally disgruntled. Her owners trademarked her image and it became big business on T-shirts, coffee mugs and even a movie. The cat died in 2019, but the trademark continued and the firm Grumpy Cat Ltd filed hundreds of trademark infringement lawsuits against more than 200 online sellers in a US court. Last September the US court ruled in favour of Grumpy Cat Ltd and awarded the company $US100,000 per defendant - a total $US24 million ($A37 million). The 63-year-old Sydney woman made the T-shirts as a hobby and had sold just one T-shirt on Redbubble, from which she made $1. But she was included in the lawsuit and a default judgment was made against her. She didn't think she might be infringing the trademark. "I've seen a picture of that cat, but it didn't even cross my mind that it was copyright infringement or anything like that," she told The Guardian. Business lawyer Anneka Frayne at Stacks Law Firm said Australians who sell products online, even for a hobby, must ensure they are not breaching trademark or copyright held in Australia or overseas. "American courts can hand down huge awards to companies claiming trademark infringement, including damages up to $US200,000," Ms Frayne said. "Claims of trademark infringement are mostly aimed at factories selling copied material online, particularly from China, Southeast Asia and eastern Europe, but they can also ensnare small Australian operators, even hobbyists. "Anybody thinking of selling a product online should get legal advice to ensure they are not going to be embroiled in a costly trademark infringement lawsuit. It is far better to act early to prevent being caught up in such trademark lawsuits." In Australia the American pop star Katy Perry's company recently won a long court battle against Australian fashion brand Katie Perry, arguing the name was too similar and buyers might think the clothes were being sold by the pop star. That case could be decided in the High Court. STACKS LAW FIRM Sandra Jeremy Lawyer No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Beware trademark infringement when selling online A Sydney woman who sold a T - shirt online bearing the image of an unhappy - looking cat has been hit with a $ US100,000 ( $ A154,426 ) fine by an American court for trademark infringement . Her image of a sourpuss cat was deemed by the US court to be close enough to a real cat whose scowling face had been trademarked as Grumpy Cat . The American cat - real name Tardar Sauce - became an internet sensation in 2012 . Because of her scowling look and accusatory eyes , she was dubbed Grumpy Cat . As her popularity spread , her face became a symbol on the internet for the generally disgruntled . Her owners trademarked her image and it became big business on T - shirts , coffee mugs and even a movie . The cat died in 2019 , but the trademark continued and the firm Grumpy Cat Ltd filed hundreds of trademark infringement lawsuits against more than 200 online sellers in a US court . Last September the US court ruled in favour of Grumpy Cat Ltd and awarded the company $ US100,000 per defendant - a total $ US24 million ( $ A37 million ) . The 63 - year - old Sydney woman made the T - shirts as a hobby and had sold just one T - shirt on Redbubble , from which she made $ 1 . But she was included in the lawsuit and a default judgment was made against her . She didn't think she might be infringing the trademark . " I've seen a picture of that cat , but it didn't even cross my mind that it was copyright infringement or anything like that , " she told The Guardian . Business lawyer Anneka Frayne at Stacks Law Firm said Australians who sell products online , even for a hobby , must ensure they are not breaching trademark or copyright held in Australia or overseas . " American courts can hand down huge awards to companies claiming trademark infringement , including damages up to $ US200,000 , " Ms Frayne said . " Claims of trademark infringement are mostly aimed at factories selling copied material online , particularly from China , Southeast Asia and eastern Europe , but they can also ensnare small Australian operators , even hobbyists . " Anybody thinking of selling a product online should get legal advice to ensure they are not going to be embroiled in a costly trademark infringement lawsuit . It is far better to act early to prevent being caught up in such trademark lawsuits . " In Australia the American pop star Katy Perry's company recently won a long court battle against Australian fashion brand Katie Perry , arguing the name was too similar and buyers might think the clothes were being sold by the pop star . That case could be decided in the High Court . STACKS LAW FIRM Sandra Jeremy Lawyer No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life