Back in May 2010, I created a custom Gears of War 3 image as a facsimile of the official logo. I contacted Epic Games and they have stated the image is copyrighted to me, even though they own the trademark and intellectual properties to the Gears of War franchise. I found out last week that Paul Jr. Designs (PJD) is selling t-shirts with my design on them. Here is my original: http://crotale.deviantart.com/gallery/#/d2pmfw3 and here is the T-shirt graphic: http://pauljrdesigns.com/product/5B8/PJ-PJD1726/black/. Zoom in on both images and you will see the logo is the same.
I contacted PJD, where I was informed that Epic Games provided the logo artwork. I checked with Epic and they deny sending that particular graphic or having used the graphic. I have a good working relationship with Epic and have no reason to believe they would deceive me or misappropriate my artwork.
I have sent a DMCA “takedown” notice to PJD’s webhost but have not heard anything back from them yet. I am not looking for compensation, but I do not want my art being sold without permission or credit due to me as being the artist. Do I have legal rights in this regard or do I simply have to roll over and allow this company to commercially sell my artwork without my permission, credit for the work, and no compensation?