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Copyright lawyer, copyright attorneys, copyright
lawyers.
Interested in the latest lawsuits filed? Visit
Dozier Internet Law on Copyright.
Copyright Infringement: Enforcement is Double-
Edged
Copyright Registration: DMCA is a Powerful Tool to
Attack an Infringer
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View John Dozier's blog entries on recent
developments in the law of copyright:
Want to see our take on the most
important Federal lawsuits dealing with the Internet
and copyright infringement filed last week? We
monitor the country daily and offer our thoughts
about each. Just read on down to the bottom of this
page and find out what practices are leading to
lawsuits!
Probably the most common complaint we
hear is that "someone has copied my website". As
copyright lawyers we can have the entire website
removed from the web without expensive litigation.
Significant damages can be obtained when copyright
infringement occurs. Deciding how to proceed is the
critical issue: As an Internet specialist and
copyright lawyer, we know the options, the
anticipated steps the infringer may take to continue
with its theft, and the economic and practical
considerations. As copyright lawyers and copyright
attorneys we know what to do and how to get the
results you need quickly.
Dozier copyright lawyer, copyright attorneys,
and copyright lawyers.
Copyright law protects original creative works,
excluding purely functional work. As seasoned
copyright lawyers, we sue (and defend suits), get
websites pulled down without notice (and get them
back up), and get competitors blacklisted from
search engine advertising and organic indexed
results (and get clients back into the engines).
Dozier copyright attorneys draft and serve "cease
and desist" and copyright lawyer demand letters (and
respond to them), assist local counsel as copyright
attorneys, locate the right copyright infringement
expert witness, and provide assistance and guidance
throughout the entire process of protecting your
valuable creative work (and defending against claims
of copyright infringement asserted by other
copyright lawyers and copyright attorneys).
Copyright infringement (both sides of it) is a huge
part of our practice as copyright attorneys.
Consider just a sampling of the types of copyright
infringement matters we deal with every day:
- Our client was sued for allegedly copying
a competing website in Federal Court on the West
Coast.
- Our client's VP of Sales left the company and
took with him a copy of the website, which he
promptly launched.
- Our client's VP of Sales left the company and
took with him a copy of the website, which he
promptly launched.
- Our client's product photographs were taken and
used by a competitor selling competing
products.
- A major auction site refused to remove sites
selling pirated versions of our client's
videos.
- Copies of our client's poker site were being
sold on major auction site with full license to
resell to others.
- Furniture retailer's high quality original
photos were pilfered by a competitor.
- UK client had its E-book stolen and it was being
sold on a competing website.
- Client's content taken by a US competitor hosted
overseas to avoid DMCA take down notice.
- Extensive documentation of educational site was
taken by a competitor.
- Our client, after buying a website for six
figures, found out the seller launched a competing
replica site.
- A European based company copied our client's
website and attacked the integrity of our client on
this site, using same meta tags and coding to get
indexed high in organic search results.
- International immigration law website stole
content from our client.
- Proprietary designs exhibited on our client's
website were taken and then, with the designs, two
new sites launched to compete directly against our
client.
- An accomplished author's books were being copied
and sold as e-books and used as content by
websites.
- A major online merchant sued our client in
Philadelphia for breach of contract, although the
merchant had cancelled the contract and began a
course of conduct including widespread copyright,
trademark and patent infringement.
- Our European client had one of its volunteer
chat moderators take the database of Q and A
accumulated over many years and open a competing
site in the US.
- A prominent retailer retained us after noticing
that a smaller competitor's site began looking more
and more like its own over time, and the competitor
had gone so far as to start replicating its
content.
- Our client, a professional photographer, had
some images taken by an industry site and demand was
made for imputed license fees and the payment of
attorney fees.
- Our publisher client's photographs were sold to
a competitor by the model and a DMCA takedown
notice, cease and desist and demand letter were
issued.
- A customer of our web developer client refused
to pay for the work performed in building a website
and we asserted a copyright infringement claim
against the customer when the site was
launched.
- A competitor of our client "scraped" its website
and copied extensive materials later posted on a
competing site, resulting in the issuance of a DMCA
takedown notice and cease and desist letter.
- Our artist client found copies of some of her
works on Ebay being sold without permission, and a
cease and desist and DMCA takedown notice were
issued to both Ebay and the seller.
- Our client's stock market services site was
copied and launched by a competitor overnight in
violation of copyright infringement laws.
- Executives' photographs were taken from the
corporate website and republished online on a site
attempting to extort money through disparaging
allegations.
- Our client's website was copied and hosted in a
foreign country and the infringer obtained our
clients membership list and sent emails reporting
that our client had sold his business.
- A medical industry client continually is faced
with "competitors" taking website content and we
were retained to stop the practice.
- A college exceeded its license to use creative
works of our author/client, and claims were asserted
for imputed license fees and attorney fees.
- Our client's website was copied and a competing
copycat site launched to interrupt our client's
business.
- A global petroleum industry company retained us
when its competitors were copying sections of its
website focusing on employee and contractor
recruitment for international projects.
- A competitor travel site copied our client's
website and meta tags and was using them as a
redirect to generate higher organic results.
- A prominent televangelist with a robust online
presence was being ripped off by licensees cutting
out his website advertising when distributing his
sermons.
- Our client, a businessman, wanted Usenet posts
disabled from Google distribution since he never
authorized the republication.
- A famous game website terminated a strategic
relationship with our client, and we asserted that
her contributions were copyright protected creative
works for which she deserved compensation.
- Our syndicated national disc jockey client
switched web developers and the old web developer
asserted copyright ownership of his website.
- Our public employee association client had a
falling out with its web developer and the developer
took the website it had developed and sold it as its
own work.
- An authorized distributor of a house product was
terminated and it took our client manufacturer's
website photos and text, used both on its new
website, and began selling competing products.
- An online e-marketer for whom we had written its
terms of use had its entire website, including our
contract, copied and launched by a competitor.
- Our retailer's product descriptions were stolen
and used on a competitor's website.
- A major real estate industry blog's content and
code was stolen by a competitor.
- Our client found an online job request by a
competitor looking for someone to steal its code and
content.
- A competitor copied hundreds of images from our
client's site and placed them on its own site.
- An online retailer had its images and product
descriptions taken by a competitor.
- Our theatrical design client had its work copied
by competitors and sold online to unsuspecting
clients.
- A music website was faced with potential
copyright infringement claims from music posted by
third parties.
- An employee claimed copyright ownership of the
company website and threatened to resign and use the
site to compete with our client.
- Our physician client’s website content was taken
and used by a competing physician on his
website.
- An artist retained our firm because his client
asserted ownership over work he had done and tried
to prevent him from licensing the work to other
parties.
- A website owner was accused of using images on
his website that had originally been posted by third
parties without the appropriate license.
- An attorney practicing as a specialist took
content from our attorney client and infringed on
our client’s copyright rights by using the materials
on his website claiming authorship.
- Both the Indian music label and Indian
publishing society purportedly representing the
label claimed separate damages against our client
for unauthorized streaming of songs on his
site.
- A client received a cease and desist from a
competitor claiming copyright infringement on the
concept and structure of its new website.
- An online fitness company took significant
content authored by our client and used it on its
own website.
- Product descriptions and images were taken from
our client’s automotive industry website and used by
a competitor.
- Images licensed from a photographer for use on
our client’s website were the subject of efforts by
the models to assert copyright infringement and
unauthorized commercial exploitation claims.
- A gripe site complaining about our Central
American real estate client used images, including
our client’s logo, owned by our client.
- A recording artist’s girlfriend, running his
website, stole the site when their relationship
ended.
- Our online jewelry client selling “inspired by”
jewelry was the recipient of a claim by a leading
designer for copyright and trademark
infringement.
Remember...as a copyright lawyer, we file suits
(and defend suits), get websites pulled down without
notice (and get them back up), and get competitors
blacklisted from search engine advertising and
organic indexed results (and get clients back into
the engines). As copyright lawyers and copyright
attorneys we serve and draft "cease and desist" and
lawyer demand letters (and respond to them), assist
local counsel, locate the right expert witness, and
provide assistance and guidance throughout the
entire process of protecting your valuable creative
work (and defending against claims of infringement).
Copyright infringement (both sides of it) is a huge
part of what copyright lawyers do. Contact us and
find out what we can do for you as your copyright
lawyers and copyright attorneys.
We offer free consultations when you have a
business copyright dispute and require an internet
expert as a copyright lawyer, copyright attorney or
copyright attorneys. Don't you need the copyright
lawyers that online businesses turn to when faced
with a tough problem?
Copyright Lawyer Suit Summary
Set forth below is one of our summaries of a
United States District Court federal lawsuit. If you
are interested in reading about other lawsuits, in
the order of most recent Federal Court filings
first, you will find a link just below the case.
Please understand that all facts, as well as
references to the basis of the lawsuit, are our
summarization of the allegations made by the party
bringing the lawsuit. The facts may prove to be true
or not true, and the plaintiff may or may not win
the case. The bolded comments are Mr. Dozier's
thoughts about the suit. Pay particular attention to
the alleged conduct or practice that has resulted in
the litigation. For a small business, litigation is
expensive. As a copyright lawyer law firm, we are
hired to file and defend suits nationwide, and we
can also assist you in minimizing your risk in
advance.
HERZBERG v. OFFICE FURNITURE INNOVATIONS, LLC, ET
AL.
SOUTHERN DISTRICT OF TEXAS (HOUSTON)
4:08-CV-00508
Let me see if I can get this
right. The furniture store worked with a multimedia
artist to come up with an image for the furniture
store. When it was finished, the artist copyright
protected it, and asked for an excessive license fee
in the eyes of the furniture store. Do the concepts
of a written contract, work made for hire, copyright
assignment, and license agreement come to mind? Get
the "little details", like cost and ownership, in
writing at the outset.
Plaintiff is a multimedia creator whose primary
business is the implementation of theme-driven
persuasion campaigns. In October 2006, Defendant
Edison approached Plaintiff about designing and
preparing an advertising piece for her furniture
business. Defendant informed Plaintiff that she was
interested in offering a donation to breast cancer
research every time a potential customer sat in a
display chair. Plaintiff agreed and began working on
a unique design to suit Defendant Edison's purposes.
After Defendant Edison approved Plaintiff’s initial
design concept, Plaintiff created an image that
consisted of a single pink executive chair, arranged
to face slightly toward the right and placed in
front of a dark background. The phrase "Sit for the
Cure" was digitally added to the top of the image.
Plaintiff copyrighted his image. Defendant Edison
ultimately refused to use Plaintiff's image because
of the cost of the licensing fee. In 2007 Plaintiff
discovered that Defendants had started an
advertising campaign, which included a website at
www.sitforthecure.com, which featured a picture that
was strikingly similar to Plaintiff's image.
Plaintiff has filed suit against the Defendants
in federal court in Texas, alleging copyright
infringement, constructive trust, implied contract,
conversion, fraud, and unfair competition. Plaintiff
has asked the Court to order the Defendants to
provide a full accounting of all profits and to
award damages. Plaintiff has also asked that the
Defendants be enjoined from using any material that
infringes upon his copyright. Additionally,
Plaintiff requested an award of attorneys' fees and
costs. Dozier Internet Law Cross-Reference Number
1041.
Want to see the latest court
filings with Mr. Dozier's take on the cases? Visit
the Dozier Federal Court Report section dedicated to
copyright infringement lawsuits: Copyright Infringement Case
Notes. And, if you would like to browse
trademark infringement, domain name dispute, and
trade secret lawsuits, and get a good idea of who is
getting sued for what, you can go to the Dozier Federal Court Report Portal.
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record, technology expertise, and legal and business perspective,
they have been a godsend...."
Internet Content Company CEO. |
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