Someones attorney sent me a letter of alleged copyright infringe, trademark infringment and unfair competition
Wednesday, June 18th, 2008 at
2:11 pm
Legendary asked:
I am looking for someone who has experience in IP Law dealing with internet domains and websites who could possibly take a quick review of my case and tell me the worst to expect if I end up getting sued and lose. If you feel you can help, PLEASE drop your e-mail address in an answer and cheap drugs without prescription I will send you both letters and exhibit (alleged proof) that I received from their lawyer. or EMAIL ME at leon2kfly@yahoo.com and I’ll send you the letters.
I am looking for someone who has experience in IP Law dealing with internet domains and websites who could possibly take a quick review of my case and tell me the worst to expect if I end up getting sued and lose. If you feel you can help, PLEASE drop your e-mail address in an answer and cheap drugs without prescription I will send you both letters and exhibit (alleged proof) that I received from their lawyer. or EMAIL ME at leon2kfly@yahoo.com and I’ll send you the letters.
Tagged with: Copyright Infringment • Email Yahoo • Unfair Competition • Yahoo
Filed under: Attorney FAQ
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This is a no-brainer: simply go to the website and see if their site is a copy of yours—or areas of it where they may have a case. I’d next then see how long they’ve had the site up.
If they were there first, then you may have crossed trademark lines and might want to take yours down for redesign construction.
You’d be much better off if you OFFLINE, seek an attorney who specializes in Patent Law.
Please do not try to get help on an online forum. Contact an intellectual property attorney to help you with this. Companies take their intellectual property very seriously so please seek proper help.
Determining if marks infringe can be tricky and each situation varies from another.
The general rules to keep in mind are:
1) Are the names similar in Sound, Appearance or Meaning?
2) Are the industries the same or similar to one another?
3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?
4) Do the trade areas cross? What about the advertising routes — are the products/services advertised in common places?
Here’s what the USPTO has to say about this matter:
“The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:
the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.
To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related.”
Hope that helps! I wish you much success & happiness in all your ventures!