Legal Question in Technology Law in Nebraska

Re: Copyright Infingement?

First, this situation does not sound like a copyright matter. Is it possible the attorney who contacted you is claiming trademark infringement? In any event, I believe you may have some very good defenses to this claim of trademark/copyright infringement. However, I would need some more facts to make a proper evaluation, namely: 1) what goods do you and the plaintiff sell? 2) do you or the other party have a trademark registration? 3) what are the dates you first used the term and what dates does the plaintiff claim to have first used the term?

Also, it would be very helpful to see the letter from the attorney in order to understand the basis for the claim. Feel free to post a follow-up question or send me an email directly to [email protected].

Good luck!

Re: Copyright Infingement?

Based on the facts you have presented, it appears you are using the terms "curious goods" in a nominative sense. In other words, you are using them to describe something, not in a trademark sense. (However, if you are selling "curious goods", then you may be an infringer.)

Also, in my opinion, you should contact an attorney licensed in your jurisdiction to look at your web site and the cease and desist letter and see what advice they have.

Sorry to hear about your troubles. Good luck with your case.

Best regards,

Todd D. Epp, Esq.