• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is it copyrighted or not?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

F

FurnitureDoc

Guest
Hi,
I am one of a number of online distributors of a line of products. One of the other online distributors had color pictures instead of the black and whites supplied by the wholesaler. Finding no evidence anywhere on his site of any indication of a copyright statement, I followed the lead of another online distributor and used his pictures for our online catalog. He has known for several months (maybe a year) that this was happening, but something just prompted him to send us both an email asking what lawyer of ours his lawyer could contact as he intended to proceed against us. (Probably poor sales since we both have better sites than his!)

Even at this moment, there is still no statement of copyright ANYWHERE on his site (which I have printed off and dated). My understanding is that a copyright requires an active assertion of your intent to protect said material. That is, a statement that it is copyrighted.

I fully intend to replace these images within the next 30 days anyway and I think he's just bluffing (since he would have sent a certified letter he could be sure I got instead of an email if he were serious), but I'd like to not have to worry about this.

Also, I would like to know if his site is www.johnson.com and he and I sell hammers, can I register and promote www.johnsonhammers.com or www.johnson.net and use it is a site just to tell them how my prices are better than his and to go to my site? (Just in case this gets nasty!)

Thanks!

FurnitureDoc
 


HomeGuru

Senior Member
You are sadly mistaken and do not have a complete understanding of the copyright issues.
Search the internet or this website. An owner does not need a notice of copyright on his website to be protected under copyright laws.
You may have a similar issue with the domain name.
 

racer72

Senior Member
For your domain name issue, it would be a domain name infringement in the examples you use. It would be considered domain mirroring and is illegal. You could also be charged with theft by deception if you were to cause the competitor to lose sales.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top