BUFFALO, N.Y. — While most people were celebrating a Bills win on Monday night, Oxford Pennant took to Twitter alleging a design they created back in 2020 was all over New Era hats at the game.
The post says New Era reached out to Oxford Pennant to collaborate but they said 'no.'
Oxford Pennant would not comment any further when 2 On Your Side asked if they planned to sue.
2 On Your Side also reached out to New Era for a comment but hasn't heard back.
So if this does eventually go to court, how do you prove it's copyright infringement?
"If Oxford Pennant can prove ownership of the copyright and they can also prove that New Era had access to the copyrighted material and they're using a design that's substantially similar to what the copyrighted material is, that's how you would prove copyright infringement," said Ellen Simpson, a partner at Simpson and Simpson in Williamsville.
She says when someone creates a design and then sells it, they don't need to register it with the U.S. Copyright Office and have official documentation.
However, you would need that paperwork in order to go after someone for copyright infringement.
It's unknown whether Oxford Pennant has it.
"I'm sure that's what all of the parties are doing at the moment," Simpson said.
She says all copyright cases go through federal court, which usually costs business owners tens of thousands of dollars.
At this time, the 'Shout' hat is not listed on New Era or the Bills Store's websites.