Someone Stole My Copyrighted Idea! Whadda I Do?

[ZenBeam]

@Markxxx

In the old days you could have two people with the same name holding the same trademark. In fact you still can but due to the Internet it’s a bit harder.

The case of Burger King in Mattoon Ill. is a well known example.

[Skylark]

@Candyman74

To me this sounds like a case of unfortunate parallel development (two weeks is neither here nor there - what if they produce documents which proves that their idea was three weeks old at the time of launch? Would you be happy if they sued you?) In addition, they did something with the name, whereas you did not; that will weigh very heavily in their favour.

Fair enough. I’m very amused by the whole thing. I suppose being ripped off (however indirectly, coincidentally so) by a guy from The New Yorker means I’ve made it in this world.

@Candyman74

Sounds like a frivolous lawsuit. Drop it and move on.

Don’t worry; although the mental anguish has weighed terribly on me*, I’ve no plans to sue anyone.

• …

[DanBlather]

True story time. I’ll change the names to protect the guilty. Imagine that a fabric shop planned to open in NYC with the name “SoHo Fabric”. They opened bank accounts, bought product from wholesalers, signed a lease, obtained a DBA from the state, and attended a conference all under that name. They also erected a large"Coming Soon SoHo Fabric" sign in the window. They are just about to open when another store in the city registers “SewHo Fabric” as a Federal trademark and sends a cease and desist letter to the store a week before the opening. Soon the interlopers register “SoHo Fabric” as well.

The letter claims that the new store owner learned of the existing store’s plan to use the name “SewHo” while they taught a class there. New store owner vigorously denies that.

New store opens anyway and counter-sues. Discovery goes on for almost a year. Existing store (now closed) keeps on saying it needs more time to produce records. Lawyer bills pile up. Finally, it goes to court and the only documentation the old store can show is sending three sewing patterns, to three relatives, in three different states, for $1. These were sent after the sign at the new store went up. No other documentation of any kind for prior use is produced.

Judge is annoyed, rules for new store, but no damages are awarded and new store is stuck with hefty lawyer bills. The whole process takes over a year.

Moral: register you trademark.

[qazwart]

@BrandonR

What’s the point in saying something is copyrighted as soon as its created if it still doesn’t have a legal standing unless registered? I mean I’m sure it’s just to give the creator a bit of time to register the copyright but unless the “voluntary” copyright registration process is went through, the copyright is pretty much pointless, no?

You don’t need to register to prove copyright. But, you do need some proof. Registration could provide that proof, but it is far from necessary.

Let’s say I published my story in a small regional paper. That could be used as proof of my copyright. Let’s say I sent my story to an editor and our mail exchange on the story, (plus the fact he has a copy of my story) could act as proof. Or, I simply shared the store with some friends on a fishing trip. They could testify to the date and time of my story.

In fact, if the person who stole my story registered it, their copyright would not hold if I could show that I came up with the work first.

[ivn1188]

@DanBlather

Moral: register you trademark.

You actually have to register it as an intent-to-use registration if it is registered before you engage in commerce using the mark. The mark has to be actually used in commerce before you can get the full registration protection.

[commasense]

@BrandonR

Okay, this is what I originally thought – that registration’s main benefit was having tangible proof of the date you created the work, and that you can still try and sue someone without having your copyright registered (it’s just going to be more difficult).

No, registration’s benefit is that you can obtain statutory damages if you prevail in a lawsuit, which is pretty much the only way a lawyer will be willing to take the case. The punitive damages people have been mentioning can be up to $150,000 per instance, which can quickly add up to millions. That’s a case worth pursuing.

On the other hand, as Exapno said, without registration all you can hope to recover is actual damages, which in all but the most extraordinary cases is unlikely to be more than a few thousand bucks at most. Not worth even calling a lawyer.