Legal Question in Intellectual Property in New York
Hello,
I'm a website developer/designer and was checking website statics for a client and noticed something parculiar. There was a link to my site via a local yellow page online website that appears to have built a mock-up website, (but it's actually live and working) website with photos from my clients website. Pehaps the company built the site in hopes to "sell" it to them. The company is a phone company-yellow page ad company that also does websites and online yellow pages. Some of the photos they used on the mock-up website I took myself, and they also stole artwork that I created for my clients website. I have my copyright on the bottom of the website so I don't know how they think they can just "take" photos without my permission.
Do I have any legal recourse for them stealing and using information without my consent? I'm sure they must by hyjacking photos from serveral websites. I'm sure I'm not the first.
Thank you
Sandra
1 Answer from Attorneys
In general, an unauthorized use of the photos, graphics and copying the look and feel of the website is likely infringing on your and/or your client's copyrights and/or trademark rights. On the positive, the fact that the infringing entity is a large company could mean that it has the ability to settle any damage claims.
You should retain an attorney and pursue the matter as soon as possible, especially if your client has a registered trademark which would mean that your client has a duty to protect the mark or risk loosing it.
Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (at) TheLegalist (dot) com
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
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