I built a cell phone unlocking website and was recently contacted by an email from another site claiming I have infringed their rights.
Here is my web: www.liberacel.com
Other party web: Ahorrar en el Móvil, Comparar Tarifas y Liberar Móviles - doctorSIM
Please note these are Spanish sites.
The other site owners are based in Spain and have quoted the following legislation: Royal Legislative Decree 1/1996 of April 12 Approving the Revised Law on Intellectual Property, regularizing, clarifying and harmonizing the applicable statutory provisions
I am located in USA..I need advice on the extend of their jurisdiction. its implications and possible legal consequences if indeed I am in violation...
Please note that most of the function of the web is similar to hundreds all over the net, they do not own the cell phone logos nor the brand or pictures listed..domains are totally different and most text are unique to me..
Someone with knowledge in this field to analyze both pages and preferably knowledge of the legislation they have citedplease share your thoughts..
Note that my prices are less than half of theirs for the same service and this could be the reason why they are trying to scare me off.
Here is a translation of the email they sent me:
Re: Intellectual Property Infringement
Mr. Harold,
We address this communication to you because we have noticed that you webpage Inicio - Libera tu Celular por IMEI. Desbloqueo por cdigo. Ahorra al liberar tu mvil. - Liberarcel.com attempts to the right of my client doctorsim which could be considered a Intellectual Property Infringement.
We could appeal to the Royal Legislative Decree 1/1996 of April 12 Approving the Revised Law on Intellectual Property, regularizing, clarifying and harmonizing the applicable statutory provisions and further take actions to demand the cease of your operation in addition to compensation per article 140 of the same decree
Per this request, please cease the possible property infringement of my client otherwise we will take the appropriate legal actions to resolve this matter.
Others have comment on the fact that this notice is not well written, that does not specify the violation as it should and therefore could be just disregarded, etc. Looks like a draft they have to scare competitors off..However, your oponions will be highly appreciated.
Regards,
Cayetana Vela
Lawyer
Corporate and Commercial Law
Please submit your comments,
Regards,
HaroldWhat is the name of your state (only U.S. law)?
Here is my web: www.liberacel.com
Other party web: Ahorrar en el Móvil, Comparar Tarifas y Liberar Móviles - doctorSIM
Please note these are Spanish sites.
The other site owners are based in Spain and have quoted the following legislation: Royal Legislative Decree 1/1996 of April 12 Approving the Revised Law on Intellectual Property, regularizing, clarifying and harmonizing the applicable statutory provisions
I am located in USA..I need advice on the extend of their jurisdiction. its implications and possible legal consequences if indeed I am in violation...
Please note that most of the function of the web is similar to hundreds all over the net, they do not own the cell phone logos nor the brand or pictures listed..domains are totally different and most text are unique to me..
Someone with knowledge in this field to analyze both pages and preferably knowledge of the legislation they have citedplease share your thoughts..
Note that my prices are less than half of theirs for the same service and this could be the reason why they are trying to scare me off.
Here is a translation of the email they sent me:
Re: Intellectual Property Infringement
Mr. Harold,
We address this communication to you because we have noticed that you webpage Inicio - Libera tu Celular por IMEI. Desbloqueo por cdigo. Ahorra al liberar tu mvil. - Liberarcel.com attempts to the right of my client doctorsim which could be considered a Intellectual Property Infringement.
We could appeal to the Royal Legislative Decree 1/1996 of April 12 Approving the Revised Law on Intellectual Property, regularizing, clarifying and harmonizing the applicable statutory provisions and further take actions to demand the cease of your operation in addition to compensation per article 140 of the same decree
Per this request, please cease the possible property infringement of my client otherwise we will take the appropriate legal actions to resolve this matter.
Others have comment on the fact that this notice is not well written, that does not specify the violation as it should and therefore could be just disregarded, etc. Looks like a draft they have to scare competitors off..However, your oponions will be highly appreciated.
Regards,
Cayetana Vela
Lawyer
Corporate and Commercial Law
Please submit your comments,
Regards,
HaroldWhat is the name of your state (only U.S. law)?