I have just found a web site that has breached my copyright and stolen a logo from me ( which is a reg trade mark in the UK).The thief is based in CA USA Any advice how i can force them to remove it or how to take action. advice from USA member especial welcome Thanks Paul in the UK
first simply ask them to remove it. Then send their company a certified letter asking that it be removed. If that doesn't work have your lawyer send them a letter. I am notr sure how the litigation would work from UK to the US. But many times when a company is using your trademark to promote a product, it is innocent. They simply didn't think it through, or they thought they had received permission.
Bad advice. DON'T contact them giving them a warning. It only serves to help them. Read this: http://www.seologic.com/faq/copyright.php It's the best advice you can get. READ IT
It really depends on what your intent is. If you read the article posted, you will note that it says google is taking SEVEN months to act on DMCA filing. It also doesn't tell you that google will hold you liable in the event they remove a site based on improper claims - and that these charges can run over $100,000. I own several registered trademarks and have spent high six figures in legal fees over the years. Personally, I would rather have someone cease the infringement than spend thousands of dollars in court. While you can seek damages and legal fees, you can't collect from some small-time scumbag that doesn't have any money - and those are ones who are usually infringing because larger companies are usually too smart to do something like trademark infringement. If your intent is to get the material removed, I would certainly contact them and threaten them - which can be enough to solve the problem. If they are a large company and you are prepared to spend thousands of dollars in legal fees to try and collect damages, then get an attorney and follow their advice. Be prepared to prove your damages - not just the fact that they were guilty.
Great Advice from everyone Many thanks I will a mixture of evryones advice take copies of the stolen content then send a notice to remove and then get tuff if they ignore me. I had someone else still all my copy off a website once and the lawyers told me i have to prove a financial loss before i can claim damages !! Hard to prove Paul
Are you positive they 'stole it'? Many people think coming up with a unique set of words never heard before means they coined it. Maybe just crossed thinking processes. Maybe a friendly reminder is all he needs. tom
No he has diffinantly stolen it he is using scanned my logo and just added a a word in front of my company name I will send him a freiendly reminder before i get rough Paul
When I suggest 'friendly' I would use a standard Cease and Desist letter. If he's scum, it's the first step before getting nasty, and if he made a mistake, he'll get a lesion out of it. tom