Legal Question in Technology Law in Maryland

Copyright of ad on ebay --suing threats

My company and another company sell the same product on ebay. They had an ad and we didnt have one, so we pretty much took theirs. We changed it a little bit and took out bits and pieces that were not public. For instance the images left and the text are open to the public and found at numerous public websites. This company says we stole their ad and their title of their ad and that it is a copyright violation and are suing and consulting a lawyer. Please help me out as much as possible and tell me if they have a case. THANK YOU.

Asked on 6/15/04, 3:35 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Copyright of ad on ebay --suing threats

If you copied their ad, you probably committed copyright infringement UNLESS what you copied is either not theirs or not proper copyright subject matter. You would be liable for actual damages, but not special statutory damages or attorneys fees unless they registered their copyright either before your infringement or promptly after first publication. You should consult with a lawyer regarding the specific details, and certainly before running the ad any further.

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Answered on 6/15/04, 3:51 pm

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