QUESTION
We have a Website that is product of an Indian Company, there is a company in USA copying the site. Need your advise on how to handle this situation.
Asked on Mar 16th, 2014 on Intellectual Property - New Jersey
More details to this question:
Right now their website doesn't support the features that are being copied, only their marketing pages talk about it and they copied our social media campaigns on facebook, twitter & google+ word to word until we posted a warning message about copying. They are promoting features copied from our site and not yet implemented on their site. We would like to stop them before they release their version of the software that is copied from us and also stop them from following our social media ad campaign patterns and postings. Another aspect that is not directly related to us but about the site is the content is copied from other sites without any credits to the owner of the content. This is not related to our problem, thought would highlight to mention about the way they are running the site. Please advise on how to go about it and what would be the fee for taking this forward.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
at
Hayes Soloway P.C.
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One way to approach this issue is to copyright your software. If you copyright your software before they publish a copy of your software, you can collect statutory damages for their infringement of your work and attorney fees if you litigate. Statutory damages can range from $750 to $250,000.00 per incident. Copyrighting software is relatively cheap and can be completed for less than $1,000. Whereas patent infringement litigation is ridiculously expense and trademark infringement litigation is rarely lucrative, copyright infringement litigation is regularly cost-effective and profitable if you register your work before the infringement occurs.
Good luck,
Todd
Answered on Mar 19th, 2014 at 10:11 AM