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Need legal advice in regards to a Website and claims of copyright infrigement

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loverjazz

Junior Member
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)?
 


FlyingRon

Senior Member
US and Spain are signatories of the Berne convention extending to them in the US the rights of their home country.

If you want someone to look at everything on the websites, you'll have to pay them.
If you took something off their site or from other sources not authored by you or that you have not secured rights to, you are in violation.
They'd have to sue you in the US, but they are entitled to do so.

What do you mean "most text is unique to you." If it is any bit taken from their works, it is infringement.
 
Last edited:
What it looks like the OP means by most text is unique to him is that there are some phrases that are common for people running these types of websites to use, and those words wouldn't be unique to his site.

I wish I could see the e-mail in its original language. The translation is a bit stilted. But what it reads like is the other company is claiming it's their IP to unlock phones rather than claiming the lifting of text or images.

OP, as long as you aren't using their unique text or photos, then they're probably just trying to scare you. Even if they genuinely think they've got a case against you, they'll have to fly to your state to sue you. How much business do you think you each have to be turning for this to be remotely feasible? Chances are neither of you is rolling in that much cash, especially with how easy it is to unlock cell phones using a quick google search.
 

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