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A competitor is threatening and posting on her website that she will shut me down soon Caliming IP infringement. We make Skirts

I posted a question earlier about a former Employer claiming intellectual property violations. I went into competition with her. She has been very public about her crusade against my website and me personally. She has posted "If you want see the website I have been takling about look now while you still can it won't be up for long." I know that this is going to scare potential customers as well as cost me business. Can she shut my website down? I started this business to help my family now this bully is harassing me. I don't know what to do. Will I get a chance to defend myself before they cost me my business? I would love to let someone look at the websites in question and give me their opinion. There are several other sites that sell and market the same products. Please Help

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BTW. We make and sell Skirts. From What I understand fashion is not protected only logos! She has only been in business 2 years. She is not the first one in the business!
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Attorney answers (3)

Reputation Level 20
She has no power to shut your website down, that's between you and your website host. And you're right that clothes designs aren't protectible.

If you want to hire a lawyer to review the websites and give you an opinion and take some action against her public attack, what are you waiting for?

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
1 person marked this answer as good
John Gage Breakfield
John Gage Breakfield, licensed in Georgia

Reputation Level 12
I am an intellectual property attorney in Atlanta. Please feel free to contact me if you have further questions. 770.984.2300

Reputation Level 10
On point though is it depends on what your website's name. If her business was Ann'sDresses and your web domain is annsdresses.com that MAY be cyber squatting (i.e. I can't have the web address of coke.com even if available).

This post should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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