Legal Question in Intellectual Property in New York

Our company produces monuments for cemeteries. Our competitors are taking pictures of our monuments in the cemeteries and displaying them in their catalogs and websites. What is unique to our memorials is we hand etch a portrait of the deceased on the monument. We also use only specific fonts to inscribe on the monument. Our competitors also produce monuments with pictures on them, but their quality is inferior to ours. Is it possible to force them to remove our work from their websites? Or perhaps force their ISP to shut down the website until they remove the infringing material? We are located in New York, our competitors are located in NY and NJ.

If this is not considered copyright infringement or intellectual property theft, then under what circumstances would it be?

Thank you in advance,

Albert


Asked on 2/13/12, 8:48 pm

2 Answers from Attorneys
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

It does look like your copyrights are being infringed. In addition, depending on how they portray the monuments in their literature and websites, it may amount to misappropriation of your intellectual property and (consumer) fraud. You can indeed demand the removal of the pictures from their websites. Furthermore, you may be entitled to damages as a result of the infringement.

You should retain an attorney who will be able to send a cease and desist demand, register your copyright (if you haven't done so already) and if needed begin a legal action against them. Please contact my office at your earliest convenience to discuss this matter.

Roman R. Fichman, Esq.

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Answered on 2/13/12, 10:15 pm
Steven Czik CZIK LAW PLLC

Mr. Fichman is correct. It certainly seems like these competitors are infringing on your copyrights. You should have them registered as soon as possible and it would be highly recommended to retain an attorney experienced in these areas. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 2/14/12, 10:54 am


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