Lets say i create a website. Later on i found out there’s someone else with not only the same website idea but a similar name. Said person decided to copyright a name AFTER i created my website.
Will the normal copyright rules apply here or what ?
So basically lets use facebook.com as an example
I created on Jan 1 2010
but facebook decided to copyright the name ‘facebook’ on Jan 2 2010.
What happens now?
Assuming it’s the same there as here, but as long as you can PROVE without a shadow of doubt that you were using it first, then their copyright is invalid
they have archive indexes you can use to prove your shit was up before theirs
using it first or using it before they copyrighted it?
i mean like lets say they were using it first but i just happen to of started using it before they copyrighted it.
can i still get away with that?
Could get tricky if they have offline usage of the term as a business name, eg if they started planning their site before you, and have certified documents using the name, or a registered business name, that uses that term before you, they could win
Even if they copyright it later, if they’re using it first, they have a very good case.
This isn’t anything to do with copyright, this is trademarks and the law of passing off.
If you registered your trademark prior to them starting, or have been using an unregistered trademark for some time and can prove that it is distinctive within its field/industry, then you might be able to bring a case.
Can you afford a lawyer to bring a civil case?
US copyright
From our attorney:
You don’t have to register a copyright to claim copyright protection. I believe the key to who would own it would be whoever created it and used it first in commerce could claim protection.
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If you registered your trademark prior to them starting, or have been using an unregistered trademark for some time and can prove that it is distinctive within its field/industry, then you might be able to bring a case. Can you afford a lawyer to bring a civil case? |
dot.
Copyright is simply the rights to materials such as text, photos, illustrations, et al.
Trademarks have to do with naming and industry specific logos, business symbols, etc.
I’m prettttty sure if you can prove you used it first you’re fine in the U.S. I know in some countries it’s first to get the paperwork done though.