Legal Question in Business Law in California
our internet business is being stolen
Hello,
We started an internet women's fashion business 3 years ago and have invested all our money and energy during this time to get it going. It a very successful small
business for we have created a very unique and popular
look. Someone has now come along and is copying
everything we have and is competing on our main turf
(eBay) taking away our costumers and business with malicious intent. We have proof that they are after our business and are slandering our reputation.
This is a highly competitive market and the edge we have is the uniqueness of our designs. By copying us, our product will no longer be unique and our edge in the market
will be lost. I believe the fashion industry is not protected by copyright or patents, but the fact that our business, which is our livelihood, has been targeted, means to us that it is more than the designs that are being stolen but our livelihood.
Could you please advice us on what our legal resources
are?
thank you very much!
3 Answers from Attorneys
Re: our internet business is being stolen
You have remedies for unfair competition both in State and Federal law. Enforcing these rights is an expensive proposition. You say your business is a successful small business. This could mean almost anything.
If you have enough business to justify it, you should have an attorney look into the problems you detail and chart a course of defense. This will include, in part, an aggressive offense. It will also involve determining what aspects of your business are protectable under Trademark and Copyright laws, and gaining those protections for you.
Any successful business should budget an appropriate amount for ongoing legal services. What is appropriate depends on a great number of factors. It sounds like it is time for you to find a lawyer you like and go through this process.
The internet has made the world a smaller place. This too, for the practice of law. Don't be put off by an attorney not "officing" in your back yard. If the firm is into the cyberspace revolution, it can service your needs from whereever.
Let us know if we can be of further help.
Re: our internet business is being stolen
You can go after them for Unfair Competition, Interfernce with prospective economic advantages, Interference with Contracts and other business torts!!!You may also have some remedies under Intellectual Property Laws of this country. I am an IP lawyer in Southern Cal...let me know if you need any help!!
Re: our internet business is being stolen
There is a statute in California known as the Unfair Competition Law. The Law can be used to stop a variety of unfair, unlawful and/or fraudulent business practices.
You may also have remedies under the applicable defamation and intellectual property laws.
These types of disputes are very factually sensitive, so you will need to speak with a business litigation attorney for real guidance on what steps to take.
Related Questions & Answers
-
Forms Available for Case Management I have not been able to find a form entitled... Asked 8/28/02, 11:57 pm in United States California Business Law