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   Author  Topic: is this copyright infringement  (Read 1047 times)
kim l willard-mays
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is this copyright infringement
« on: Apr 24th, 2004, 6:33pm »
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i went on-line in my college library and researched to see if anyone had a website registered with them name of my soon to be clothing line and it stated that the site had not been registered and asked if i would like to register it.  at this time i was just in the beginning stage of my business and was not prepared to develop a webpage.  about a year later i was at home and typed in my company name again and it came up that this site was being registered and told me to check back later.  i have not applied for my copyrights of the name, but it is a name and design that my deceased father came up created in the 1970's.
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Isaac
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Re: is this copyright infringement
« Reply #1 on: Apr 24th, 2004, 7:50pm »
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There is definitely no copyright problem involved here.
 
Based on your description it does not seem as though your efforts to start a business have established any trademark rights.  You were not using the trademark in commerce to identify goods or services.  You never got that far.
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Isaac
M. Arthur Auslander
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Re: is this copyright infringement
« Reply #2 on: Apr 25th, 2004, 4:30am »
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Dear Kim,
 
It is urgent that you keep your intentions secret, lest someone might get the domain name and try to resell it to you. Domain names are not expensive. If you can get it now you can hold on to it.
 
Trademarks can be preserved with proposed use applications. They should be searched before applying, particularly since the Filing Fees are high.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
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7185430266, aus@auslander.com
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