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I copyrighted an entire webpage and internet based platform in which I am the original creator, producer, html developer

Houston, TX |

I put my copyright on each and every page i.e. ©my name. I have not officially filed a copyright with any agency. I have also purchased the "domain name" for the webpage. Someone has made a bogus claim (it is just a statement and they have not asked that I take it down) they said that I cannot use the domain name without their permission, they do not have a federal copyright of the name, and again I am the original producer of all the work contained in the webpage. BUT based on the fact that I own the domain name and am the original producer of all work on the webpage I have no idea why I should require their permission for anything.

Question, can I claim, theft of copyright, or copyright infringement against them IF I have not officially registered the copyright with any agency?

Attorney Answers 4


  1. Best answer

    Your immediate need is to sit down with a trademark attorney to determine if you may lawfully register and/or publish a webpage at the domain name that you've selected. Someone says no -- which means they believe that the domain name infringes or dilutes their already-existing trademark or trade name rights. So look into that matter and do not simply conclude that their claim is "bogus." It might very well be legitimate and that YOU are the wrongdoer. The fact that you created material that you want to publish on that website is irrelevant.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


  2. You are in urgent need of an Intellectual Property lawyer. You are likely infringing a trademark and do not know it. If you have copyright (which cover works of art fixed in a tangible medium of expression) with trademarks & servicemarks (which cover brand names, that is words, symbols or devices that serve to indicate a common source for goods or services). Misuse of someone else's trademark or servicemark, particularly if registered for similar goods or services can put you at risk under 15 USC 1114 http://www.law.cornell.edu/uscode/text/15/1114

    Owning a domain name does not mean you have the legal right to use the domain name in commerce. My guess is you don't. Get an attorney since you got an "IP wake-up call." Doing this without an attorney is why you are in this mess and why you don't appear to have a clue about why you are in trouble.

    You better not be claiming copyright infringement against someone for having a trademark they used and registered prior to you registering your domain name. That would backfire badly on you. Get that attorney ASAP. You need to unlearn much of what you have incorrectly "learned".

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  3. Agreed. You are likely going to find yourself on the wrong end of this deal. Moreover, you can't file suit against someone for copyright when you yourself admit you don't even have it registered. Take down your site and get a lawyer.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


  4. I agree with a great deal of the good analysis of the other lawyers. As a practical matter, you might want to have a free consultation with a lawyer to discuss the specifics. There are people that make these claims to harass and extort. Of course, it might be a legitimate claim.

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