How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 37564
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
18572087
Type Your Intellectual Property Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I have a website for rentals in my town in Victoria TX. I

Resolved Question:

I have a website for rentals in my town in Victoria TX. I had a customer who advertised on my site. I built her a webpage, took pictures of her rentals, wrote the copy for the webpage and made up a name for her apartment building, "Topy's Place." Sadly, she died recently. Her daughter inherited her property. The daughter didn't want to continue advertising. Fine. Recently I discovered that she had created her own website. Fine. What was not fine is that she was using my webpage design, my pictures, my copy, and my name. My website has a copyright statement. I contacted her by e-mail, informing her of the situation and that she was in violation of my copyright, and I offered to come to an agreement if she wanted to advertise again. She hasn't responded to my e-mails or phone calls, but she quickly changed the copy and the pictures; however, she is still using the name, "Topsy's Place" and the webpage design. After several attempts to communicate without any response from her, I e-mailed her again and instructed her to "cease and desist" using the name. I called her again today. Her husband answered. He wouldn't put her on, and he said I only own the copyright to the website and I should contact his lawyer if I wanted to pursue it. I want to know whether I am right in insisting that I own the name, and have the right to tell her to cease and desist using the name I created.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you.

That is a good question. Was her trade name ever recorded, or you do not know?
Customer: replied 1 year ago.

I'm not sure what you mean by "recorded." I made up the name for her. Many of my advertisers are private apartment owners without a web presence. I often give them marketing assistance, such as the kind I have described. This is part of the service for the website. They subscribe for a mere $200 per year, and I build the page for free. My website is through godaddy.com. I have a registered domain. I build and maintain the site myself. The statement at the bottom of every webpage reads, "Content copyright 2013. Uphill Properties, LLC. All rights reserved." I hope this answers your question.

Expert:  Dimitry K., Esq. replied 1 year ago.

Janice,

Thank you for your follow-up. "Making up" a name for someone does not make that name yours. If you made up a jingle, a design, or some other marketing campaign, then that specific intellectual property belongs to you if protected or if so stated under contract. But making up a trade name or a company name belongs to the company who uses it. That name belongs to the company and not to you. While you can sue them for using your content and for using your designs for the webpage, you cannot sue for what they began using as their trademark because that became 'their' property when it became associated with their company name. I agree with you that all other information belongs to you, but not the company name as that is an inherent property right to the company. If you had an express agreement under which it stated that you reserve the right to their name, you could argue that the name was part of marketing and reverts back to you. Otherwise, that is not the case, I am afraid.

Good luck.

Dimitry K., Esq., Attorney
Satisfied Customers: 37564
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Dimitry K., Esq. and 3 other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.

OK. I just wanted to know my standing. I appreciate the fast and clearly written explanation. Thank you.

Expert:  Dimitry K., Esq. replied 1 year ago.

Janice,

Not a problem and truly glad to help. I appreciate your kind words. Please let me know if there is anything else that I can assist you with. If not, please do not forget to positively rate my answers to you so I can obtain credit for my work. Thank you!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions