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Copyright infringement

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debbi01

Guest
Hello,

I have a copyrighted booklet that resembles my competitor's (also copywritten). I was just sent a letter from their lawyer that I must cease production of my product because it violates copyright/trademark laws. I was wondering, if I received a registered copyright, can I still be sued? Wouldn't my copyright cover me? My product was copywritten 1 year after my competitor's (mine in 1988, their's in 1997). Also, I must mention that I did get the idea for my product from my competitor, but mine was substantially modified and given a completely different name. I live in PA, they are located in NY. Thank you for your help!!
 


HomeGuru

Senior Member
Apparently you may not have modified it enough. The copyright office does not review the work to determine whether there is an infringement. I could take your competitors book change the title and a few things, put my name on it and get it copyrighted. Yes, I can get it copyrighted but that does not mean that I am in the clear. The original author could still sue me for infringement. A copyright is not protection from a lawsuit but rather documented and registered public notice of ones work.
 
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debbi01

Guest
Thank you SO MUCH for the info! I really appreciate your quick response. However, I do have one more question. Within the last month I have created a new version of my booklet, which bears virtually no resemblance to my competitor's. The only similarity is that they are both ID Kits for children, and there are many of those on the market like both of ours. Mine has more features, is on different paper, completely new design, new trademarked name, etc. The letter I received was to "cease and desist" production of my old product. Fortunately, I haven't sold the old product for a month or so, and have ceased production (ironically). Does my competitor still have a case? Or will they/can they request to see the new kit? I know I should seek the advice of a lawyer in my area, but I have no funds to do so. I am thinking of writing a professional response confirming that the first kit is not in production, but they also mentioned my website and I'm sure they will bug me if they see I still have a kit on the market. Is there specifically anything I can do to protect myself, or anything I should include in a letter? Thanks again for your help!!
 

HomeGuru

Senior Member
If you have no funds to seek legal advice I suggest that you stop everything (product sales, website etc.) and refrain from marketing the "new and improved" kit until such time as you have a copyright attorney review both your and your competitors products and provide a written legal opinion. If you do not do this due diligence, you may be hit with a lawsuit that would cost you more to defend that what you would pay an attorney for a pre-launch review.
Hindsight is 20/20.
 

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