Legal Question in Intellectual Property in California

Re: Copyright on Holidays

Before I could advise you, I would need to see your web site and their cease and desist letter. Without knowing all of the facts, it is impossible to give you a definitive answer as to whether you are facing a legitimate threat.

There are a couple of general principles of copyright, however, that may apply. In general, names and titles can not be copyrighted. Also, "thinking of" something "first" does not preclude someone else from thinking of the same thing, and both people could hold copyrights. To prevail in a copyright action, a copyright holder must show that the infringer had access to the copyrighted material and that the infringer actually copied the material. Although substantial similarity may be evidence of copying, it is not dispositive proof.

If you are in the Los Angeles area and would like for me to review the threat you received from this company, please call me at 323-653-6580.

Re: Copyright on Holidays

Copyright law doesn't protect ideas. It protects the EXPRESSION of ideas. Therefore, you can have the holidays on your website as long as you call them something different.

I would need more details before I could advise you. You can see my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html.