Legal Question in Intellectual Property in New York

copyright infringement

This company bigapplegeisha copied most of my website fantasygirlmaids what should I do? I have little money to sue them.


Asked on 5/18/07, 6:00 pm

4 Answers from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: copyright infringement

The quickest, cheapest and easiest thing to do is send a DMCA take down notice to the service provider. Read about the law here: http://en.wikipedia.org/wiki/OCILLA.

It's not a definitive solution unless the website "infringer" provides proof that they are not in violation of your copyright. You can find information about how to write the notice here: http://en.wikipedia.org/wiki/DMCA

Frankly, this isn't the easiest thing in the world for a layman to do so you should try and find the money (it's not expensive) to get a lawyer to write your letter. There are experienced attorneys on this board to who you can inquire.

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Answered on 5/18/07, 6:21 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: copyright infringement

From what I can see in comparing the two sites you have no copyright infringement as there is no "copying." They appear to be conducting the same business as yours. You might have a cause of action under some theory of unfair competition but I highly doubt it. Save your money for marketing and try to out compete them.

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Answered on 5/18/07, 8:30 pm
Johm Smith tom's

Re: copyright infringement

Internet intellectual property is my bread and butter. Feel free to contact me on this and we'll see what we can do for you.

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Answered on 5/18/07, 8:49 pm
Gary Adelman Adelman Matz, P.C.

Re: copyright infringement

I agree with Steven. There are similarities to your business model, but there is no copyright infringement that I can see. If the site at actually copied the look and feel or scrapped your site with the same contant, there would be something to discuss.

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Answered on 5/19/07, 10:47 am


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