Legal Question in Technology Law in California

web site clone and domain lawsuit
i have a guy which owns a site which i believe isn't even copy written. I have adapted the site and had it running for 1 week with no legitimate leads from it besides the owner of the original site in disguise. He now wants to file lawsuit against me for my domains that are simliar. he wants me to hand him over the names and receive monetary offer for lost business, what business??? do you feel he has a legitimate claim against me if i never got leads from it while up and now they are parked and i own the 2 domains in full for this year? he doesnt have a trademark on his site at all. I only wanted to model the site after his and im currently in the works on designing and putting my own touch on it. Also if he indeed does have anything copy written can I copyright it before him and literally take his idea from him, just to be an ass, because he has been harassing me on my cell, office and has stated he would come to my household address. please advise accordingly.

Asked on 12/03/06, 7:47 am

3 Answers from Attorneys

J. Cohen InternetLitigators

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Re: web site clone and domain lawsuit

Please feel free to contact us if we can be of service. Your issues are case specific and we would need more information.

Generally you do not need a trademark registered to own the mark. Same with copyright. Publication and/or use in commerce is sufficient. If he had either before you, you may have a problem.

www.InternetLitigators.com

Answered on 12/06/06, 8:30 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: web site clone and domain lawsuit

Your question seems to implicate at least three federal laws: the copyright act, the cyperpiracy law, and the cybersquatting law. They are fairly complex and explaining them all satisfactorily on a bulletin board is not entirely practical. As to cyberpiracy and cybersquatting, you can find and read articles about these laws on line and, even if your questions are not fully answered by your own research, you will have a better idea of where the law stands on these practices.

As to copyright law, I'd say unlike patent law it is not a race to file so much as who is really the author. This is because a common-law copyright arises automatically when the creator of the work puts it into tangible form, and filing a copyright serves mainly to give the author enforcement powers.

Another thing to keep in mind is the practicalities of enforcing rights under these laws. Intellectual-property enforcement suits are expensive. It is quite unusual for anyone to file and prosecute a suit unless they have sustained, or think they are going to sustain, pretty serious monetary harm.

Answered on 12/03/06, 8:11 pm

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