Looking for advice on this situation. My Brand Name Is Similar to Another Company in a Completely Different Industry Any guidance would be greatly appreciated.
Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?
This is a common issue that comes down to whether the work was "work for hire" or independent contractor work. The Copyright Act has specific definitions for each, and the distinction matters enormously.
Before sending any cease and desist, make sure you actually own the IP you're claiming. I've seen cases where the person sending the C&D didn't have standing because they never properly registered the copyright.
This is a common issue that comes down to whether the work was "work for hire" or independent contractor work. The Copyright Act has specific definitions for each, and the distinction matters enormously.
Registration with the Copyright Office is important for enforcement. You can't sue for statutory damages or attorney fees without registration. The filing fee is $65 and it's worth doing for any valuable creative work.
Registration with the Copyright Office is important for enforcement. You can't sue for statutory damages or attorney fees without registration. The filing fee is $65 and it's worth doing for any valuable creative work.
Good discussion. Tagging this for the resource library.
Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.
Want to participate in this discussion?
Email owner@terms.law to request access