Legal Question in Intellectual Property in Oregon

Re: copyrighted material

It is not uncommon, in my experience, for some online merchants to allege copyright infringement against others, in part to gain a competitive advantage and in part from lack of understanding of copyright law. If indeed the "only" thing in common is that you sell garlic, it is hard to imagine a valid copyright infringement claim. But even if you did not knowingly copy from their website, consider whether the person who designed your website may have pulled a copyrighted photo of garlic from theirs, or whether some of the written material -- even boilerplate or "terms and conditions" type of material, might have been copied and edited for your website.

Your question did not say how the accusation came about. If you are being publicly accused, as on their website or blog, and the accusation is false, you could have an action for libel. If you have received a "cease and desist" letter, then you will want to review it with your attorney to see how best to respond. (And your attorney will want to compare both sites, or at least the material alleged to be infringing.) If the allegation was made to your web host as part of the DMCA "notice and take-down" procedure, then you do have rights under the DMCA, including rights against the complainant if it was a false DMCA notice.

If you have infringed the copyright, the copyright owner's rights are to be respected. But if you have not infringed, your rights are entitled to just as great a defense.

In any event, it sounds to me like you may be better off seeking legal advice from your lawyer. (This comment of mine is not legal advice, and I am not your lawyer.)

Good luck.

Re: copyrighted material

I would need to review both sites to advise. Are you incorporated or established as an LLC? If so, and you are web-based, I would be able to represent you.

Please feel free to call or email for further assistance.

I have been practicing in the Business/Internet law arena for over 13 years.