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quote:'your company's website is infringing on the "trade dress" of <competitor.com>'s website .... by creating a coycat site for <mydomain.net>'
I have never ever copied anything from their web site. We are online with a successful service since end of 1999 while their web site is on the net since end of 2001.
I'm from Germany and don't know much about the US laws. Perhaps anyone can help me a little bit to get some information / answers:
1.) Can they sue me with the result that I would have to shut down my domain?
2.) How to answer this folks?
>>a lot of us would be out selling shoes or used cars to make a living
According to one of these folks' complaints we'd all have problems selling shoes or cars on the net. If your site is named comfortable-shoes dot something you can come after me for stating that I "sell comfortable shoes" and complain to Google that my site comes up in the SERPs.
Likewise, if your site is reliable-used-cars I would not be able to say "our used cars are reliable."
And sadly, two of the three sites named in the complaint are no longer listed by Google. I am very curious as to whether the complaint has anything to do with it.
I think I understand now. You can register a site design in the UK the same way you can register it here in the US - with a government agency (e.g., U.S. Copyright Office). Otherwise, some sort of copyright notice on the work is sufficient for purely artistic pieces.
As for logos; patented works; trademarked images, phrases, items, etc.; and other more "physical", identifiable works, a formal filing with a government agency (Patent and Trademark Office in the US) is required as protection for the work/language, etc.
I misunderstood and thought you were referring to some other agency or group specifically established for the purpose of registering websites.
I'll bet if I looked in the Sunday paper, I'd see oodles of advertising that uses that particular phrase!
Rainbow can probably petition Google to get his site re-listed, but it's a pain that they listened to the other about this one. I hope they've got better reasons for removing the site above and beyond that one overly-used phrase!
Whenever someone threatens something or other, I politely tell them to contact my attorney. Not one has. Not even one. One Seattle business contacted the Nevada State DA, and filed a complaint. They sent several nasty letters, and after I told them to contact my attorney, the matter disappeared. Lawyers, IMHO, are great to have. I wouldn't run a business w/o one.