Legal Question in Intellectual Property in New Jersey
I have a service business and a website. I own the domain name and the domain name appears on a website that has a copyright notice. Formal copyright papers were not filed with the copyright office. I have owned the domain name and website since 2001.
Another business in the area is using my website name in a google maps listing a dead link to my
website and using a different phone number on their website and different website name trying to
give the illusion that they are part fo my company.
Which is the best way to after this rouge bsuiness. Filing business fraud charges or violating copyright laws?
2 Answers from Attorneys
Under the limited set of facts you provided, I'm not sure how copyrights have been violated. You may have a cause of action as against infringement of your common law trademark and may have one or more tort causes of action.
Litigation, however, is expensive and may not be the best approach at this early stage. A cease and desist demand letter to your competitor together with a take-down notice to Google may be more appropriate.
The letter and the take down notice should be drafted by an attorney for maximum effect. Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
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The situation invites an action for unfair competition. Your competitor is attempting to divert your customers by creating the impression his ad is yours. There may also be trademark infringement involved.
I handle matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm