WEB Quick law related question for you guys

Discussion in 'OT Technology' started by Ricky, Jan 28, 2010.

  1. Ricky

    Ricky █▄ █▄█ █▄ ▀█▄

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    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 ? :o
     
  2. Ricky

    Ricky █▄ █▄█ █▄ ▀█▄

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    So basically lets use facebook.com as an example
    I created www.myfacebook.com on Jan 1 2010

    but facebook decided to copyright the name 'facebook' on Jan 2 2010.

    What happens now?
     
  3. Insert Tokens

    Insert Tokens Making Cancer My Bitch OT Supporter

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    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 :dunno:
     
  4. pharmokan

    pharmokan OT Supporter

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  5. Ricky

    Ricky █▄ █▄█ █▄ ▀█▄

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    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?
     
  6. Insert Tokens

    Insert Tokens Making Cancer My Bitch OT Supporter

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    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 :dunno:
     
  7. thekraft

    thekraft New Member

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    Even if they copyright it later, if they're using it first, they have a very good case.
     
  8. dazmanultra

    dazmanultra New Member

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    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?
     
  9. maxxpower

    maxxpower OG Lauren Crew - Observer OT Supporter

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    is this canadian or US copyright?
     
  10. Ricky

    Ricky █▄ █▄█ █▄ ▀█▄

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    US copyright
     
  11. brds

    brds OT Supporter

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    kbcat having issues?
     
  12. XO

    XO bee a honey

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  13. redna

    redna New Member

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    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.
     
  14. Phasm

    Phasm OT Supporter

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    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.
     

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