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View Full Version : copyright and trademark advice


choon
06-06-2002, 11:29 PM
Hi,

Can anyone please advice me on this...

I have received an email saying that I have direct violation of the sender copyrights and trademark.

I have developed a script that does the submission to those safelist sites and how do I find out that whether the name I used for my script is legal or illegal?

Many thanks for anyone advice ;)

Kindest regards,
Choon

iamdave
06-06-2002, 11:36 PM
Maybe do a trademark search?

choon
06-06-2002, 11:41 PM
Hi,

Thanks and how do I do that search?

Kindest regards,
Choon

Originally posted by iamdave
Maybe do a trademark search?

iamdave
06-06-2002, 11:50 PM
I don't remember exactly where, but I remember that register.com had a link to a trademark searching site. Try searching on google, you'll probably find something.

PulseHost
06-07-2002, 12:08 AM
Try this link, http://tess.uspto.gov/

choon
06-07-2002, 12:42 AM
Hi PulseHost,

Many thanks ;)

I wonder anyone know about how can I have my script copyright to protect my work...

Once again, thanks.

Kindest regards,
Choon

JDMundo
06-07-2002, 03:22 AM
Ask whoever said you were in violation, what the exact patent or trademark you're supposed to be violating, ask for a number here -- it could just be a competitor that don't love you much.

A complaint in an email you generally shouldn't take too seriously though.

If you find the patent and you're in doubt whether or not you actually are violating it, and you're not ready to give up on your script, seek legal council, or it can cost you a house.

On http://www.uspto.gov you can find information on how to register a patent or trademark.

choon
06-07-2002, 03:39 AM
Hi JDMundo,

I think you are right about the email I receive as I did ask for the site url which the person claimed that I copied his program but until now... he does replied with those Copyrights and Trademarks thing but without the site url.

I visited the person web page in the signature and nothing there... it is blank.

Although I am not so worry about his claimed but I really want to protect myself for any future accuse of my work... this really pissed me off as I spend numerous hours to think of ideas, database design, coding... :angry:

So, I can copyright my script right so to protect myself?

How much would a software/script copyright application cost... any idea?

I have send a few emails to a few sites to ask for advice about copyright and hopefully will help me to *resolve* this issue once and for all.

Many thanks for taking your precious time to reply :D

Kindest regards,
Choon

JDMundo
06-07-2002, 03:56 AM
Well, whether this person has a site or not is probably irrelevant, he doesn't need much besides the trademark. If the script you have done actually is in violation and its not outrageous like "I claim this shade of the color blue" then you're doing the right thing about seeking proper legal advice, because the next logical step for this guy is to send a pretty little lawsuit your way, and its all in his right, to protect his work.

As for protecting your work in the future.. Unless what you have done is unique in some way, forget about it, its not worth the money and time spent figuring out its pointless. There are issued thousands of patents each year, and only a tiny percentage actually hold up in court.

choon
06-07-2002, 04:48 AM
Hi,

What should I do now?

Waiting for the person letter and then decide take what type of action?

I ready have no idea what my script is against his copyright/trademark. This person claimed that my safelist submitter is against his copyright/trademark and he even claimed that I copied his program/script as though he knows my script coding :rolleyes:

Just because of his claim, I asked for the url/site but he just don't give me his site url :(

Thanks.

Kindest regards,
Choon

JDMundo
06-07-2002, 05:38 AM
I cannot give you any kind of specific advice on what to do. First of all, I'm *not* a lawyer, I've only been through the same mill with my own businesses over the years, and can only share my own personal opinion and experience.

This guy that says you're violating his copyright/trademark/patent, did he provide information about it, so you can look it up and read it for yourself? If not, ask him for such information.

If yes, when you read his copyright/trademark/patent registration, does it sound even remotely similar to what you've done? If yes, you should seriously consider finding a real actual human lawyer and ask him/her what they think.

But really, I have no idea what we're talking about, I haven't seen his email, your script or know the full circumstances, so its really hard to say either "ah, f--k it" or "yikes, you better be careful". If Microsoft that had sent you that email, I'd take it very seriously, because a lawsuit could end up costing you hundreds of thousands of dollars, but just some guy, its hard to say if he's just looking for $250 and recognition for him coming up with the idea first or if he actually wants 80% of your revenue from selling this script the past 8 years.

See what I mean? If in doubt, get a lawyer -- he will!

choon
06-07-2002, 05:51 AM
Many thanks to JDMundo :)

Yes, I did ask for the information about which copyright/trademark/site information but the sender just never answer to my question but still claim about the violation of his copyright/trademark... :(

Anyway, I will wait for the sender to send me a letter then decide as I honestly never copy anyone works or ideas for my script.

For my script, it can be found here http://safelist.choonscripts.com (there are 2 more sites that run my script though)

Once again, thanks.

Kindest regards,
Choon

coux
06-07-2002, 01:34 PM
Rather than start a new thread, I think I might post here since it is relevant.

Do anyone know how to trademark a domain name and how much will it cost every year?

When I first read this thread one thing came to my mind. What if someone trademark the name choonhost and claim choonhost is their trademark? Would choonhost have to give up his domain then?

Gadgy
06-07-2002, 02:12 PM
About the domain names dispute,

I normaly check these pages now and again to get an idea of whats going up or down.

http://arbiter.wipo.int/domains/decisions/2002/d0000-0199.html