Legal Question in Intellectual Property in New Jersey

I have a service business and a website. I own the domain name and the domain name appears on a website that has a copyright notice. Formal copyright papers were not filed with the copyright office. I have owned the domain name and website since 2001.

Another business in the area is using my website name in a google maps listing a dead link to my

website and using a different phone number on their website and different website name trying to

give the illusion that they are part fo my company.

Which is the best way to after this rouge bsuiness. Filing business fraud charges or violating copyright laws?


Asked on 10/21/11, 12:18 pm

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Under the limited set of facts you provided, I'm not sure how copyrights have been violated. You may have a cause of action as against infringement of your common law trademark and may have one or more tort causes of action.

Litigation, however, is expensive and may not be the best approach at this early stage. A cease and desist demand letter to your competitor together with a take-down notice to Google may be more appropriate.

The letter and the take down notice should be drafted by an attorney for maximum effect. Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7


Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

Read more
Answered on 10/21/11, 12:52 pm
John Corbett Corbett Law Firm LLC

The situation invites an action for unfair competition. Your competitor is attempting to divert your customers by creating the impression his ad is yours. There may also be trademark infringement involved.

I handle matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Read more
Answered on 10/21/11, 3:39 pm


Related Questions & Answers

More Intellectual Property questions and answers in New Jersey