Legal Question in Intellectual Property in Virginia

Re: Web Page Copyrights

Both responses contain useful advice. Doubtless you wish to bring this to a quick closure at minimal cost. The fact that the other party threatened you may suggest they will be "difficult" about it. In answer to your question about whether someone can steal your work--only if you let them. The fact that they received a registered trademark only means they told the Trademark Office they had first use. You need to gather some important information, and to make sure you can prove your own use. If that information tilts your way, the next best step is to hire an attorney to draft an artful letter to the other side explaining why you have the rights, not them, and suggesting they meet with you to see if you can work it out informally. That doesn't mean you will cave or even comprimise. But it avoids a lot of paper back and forth, and you'll be amazed at how much information you'll get.

Any of the attorneys here can readily help you with this process.

KJN

Re: Web Page Copyrights

If you indeed have priority (i.e. first use of the phrase) then they have no right to prevent you from using it. You should a) respond in writing (via an attorney) letting him know of your rights and your intent to defend them, and b) apply to register the trademark so you will have even more protection.

More information at: http://www.tm4smallbiz.com

Re: Web Page Copyrights

Before doing anything, you might want to go to www.uspto.gov and check the status of the trademark filing. What you will find is that War Watch, LLC registered the mark in August of 2002. This does not mean that you cannot challenge the registration, it's just that you will be fighting an uphill battle. If yo do intend to challenge the filing, you will need an attorney who is a specialist in this field.