Legal Question in Intellectual Property in New York
Copyright
Another company complained that my website had similarities to theirs. The person who wrote my website copied material without my knowing. Anyway, I removed the similar material within 24 hours. Now the complication is that I had talked with this other company in the past about doing business and signed an NDA. What are the liabilities here.
2 Answers from Attorneys
Re: Copyright
If the website is just similar, there would seem to be few liabilities. However, if there is copyrighted material that was used without authorization, there is the possibility of a claim for a copyright violation. There is also the possibility of a trademark violation claim, though that seems more remote.
If such a claim is raised, you should not answer it yourself, but should contact an attorney. If I can be of assistance, please feel free to get in touch.
Re: Copyright
Since you have already removed the offending material, it is unlikely that the other party will pursue a copyright infringement claim. On the other hand, there may be some issues with the NDA. However, since I have not seen the NDA, I cannot comment on it. If you would like me to review the document and advise you of your potential liabilities, please call my office at your convenience.
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