http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/ Just another WordPress weblog Mon, 20 Jul 2009 14:40:08 -0400 http://wordpress.org/?v=2.8.1 hourly 1 http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/comment-page-1/#comment-1003 Chris G Thu, 16 Jul 2009 22:30:52 +0000 http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/#comment-1003 You can't copyright a name. You can trademark it. He's probably full of it. You can’t copyright a name. You can trademark it. He’s probably full of it.

]]> http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/comment-page-1/#comment-1002 Barry C Thu, 16 Jul 2009 16:09:33 +0000 http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/#comment-1002 see www.chillingeffects.org for definitive info on what it takes....but as others have told yo u, the specifics of your question are not about copyright but trademark. see http://www.chillingeffects.org for definitive info on what it takes….but as others have told yo u, the specifics of your question are not about copyright but trademark.

]]> http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/comment-page-1/#comment-1001 The Guru Thu, 16 Jul 2009 14:30:13 +0000 http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/#comment-1001 Report copyright infrigment to the police or something. You could get alot of money, and he could get fined. You could also sue the person you infracted the copyright. Report copyright infrigment to the police or something. You could get alot of money, and he could get fined. You could also sue the person you infracted the copyright.

]]> http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/comment-page-1/#comment-1000 ron_mexi Thu, 16 Jul 2009 07:35:08 +0000 http://www.copybites.com/someone-has-committed-copyright-infringement-against-my-website-what-should-i-do/#comment-1000 As a general matter, names are not subject to copyright protection. He has not committed copyright infringement. Nor can he "copyright" the name of your company. Unless he has infringed any trademark rights, he is actually free to use your name. At this point, nothing in your facts suggests that you have acquired trademark rights in your name. Using your name in a website, in and of itself, is generally not enough. If the name of your company/website is important to you, I suggest you speak confidentially with a trademark attorney to discuss your options. You have probably already disclosed too much information publicly, including what appears to be the actual name of your company. ------------------- Addition: You don't "trademark" a name. You acquire trademark rights by using a mark in commerce. After you have acquired trademark rights, then you can register your trademark with the USPTO. It's impossible to say in the abstract whether he has acquired trademark rights. You can go to the USPTO website and look for a federal registration, but that doesn't rule out state registrations and common law trademark rights. As I've already suggested, you should really consult an attorney to receive more focused guidance. Your understanding of basic copyright and trademark law is flawed. A good trademark attorney will help you better understand the law. As a general matter, names are not subject to copyright protection. He has not committed copyright infringement. Nor can he “copyright” the name of your company.
Unless he has infringed any trademark rights, he is actually free to use your name. At this point, nothing in your facts suggests that you have acquired trademark rights in your name. Using your name in a website, in and of itself, is generally not enough.
If the name of your company/website is important to you, I suggest you speak confidentially with a trademark attorney to discuss your options. You have probably already disclosed too much information publicly, including what appears to be the actual name of your company.
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Addition: You don’t “trademark” a name. You acquire trademark rights by using a mark in commerce. After you have acquired trademark rights, then you can register your trademark with the USPTO.
It’s impossible to say in the abstract whether he has acquired trademark rights. You can go to the USPTO website and look for a federal registration, but that doesn’t rule out state registrations and common law trademark rights.
As I’ve already suggested, you should really consult an attorney to receive more focused guidance. Your understanding of basic copyright and trademark law is flawed. A good trademark attorney will help you better understand the law.

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