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 Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3737
Experience:  30 years of experience.
77476456
Type Your Intellectual Property Law Question Here...
Gerald-Esquire is online now
A new question is answered every 9 seconds

I have a product listing on amazon. And I got a notice from

This answer was rated:

I have a product listing on amazon. And I got a notice from another seller that one of my products is violate their copyright, and they supplied the register number for copyright.
But I think the products is a general design. But they copyrighted on US copyright office and get a register number , just last month.
So what I should do? Can I also need register a copyright for my prodcuts?

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Registering a copyright provides for some benefits when it comes to proving who owns the copyright. Registration made before the end of five years after the date of first publication will constitute prima facie evidence in court that a copyright is valid and that all the facts stated in the certificate of registration are true. SEE 17 USC §410. What this means is that it becomes the defendant’s burden to show that your copyright is invalid. However, registration is not a condition of copyright protection. SEE 17 USC §408(a). The copyright attaches as soon as “original works of authorship” are “fixed in any tangible medium of expression.” SEE 17 USC §102(a). So, at this point registering your copyright will not help much since they registered first; rather what is at stake now is WHO was the first to create the original work. More to come...

Customer: replied 1 month ago.
Waiting for your next. I just google and learned some knowledge about copyright. If my design didn't rely on their design, I can also have my copyright , isn't it? As I do not know who create the origin work, and the original published some years before both of our work published (we both have a little modify ), we can both have copyright for our copyright. Is that correct?

Yes, I am sorry, I meant to follow-up sooner.

The primary discussion in most copyright infringement cases is the analysis of whether a defendant’s work copies the constituent elements of the plaintiff’s work that are original. This element requires proof of actual copying of the plaintiff’s work by the defendant. So, as you correctly stated, "copying" involves a factual question of whether the defendant actually used the plaintiff’s work in order to create his own work. This is usually shown by showing that a defendant has access to the plaintiff's work and by showing probative similarities between the two. SO, if you can show that your work was created independently, that is a defense to copyright infringement.

Note: Just Answer’s site disclaimer apply to all services including premium services. This information may not be correct, complete or reflect current legal developments for your specific jurisdiction. Please do not act or fail to act based on it alone. Most follow-up questions are answered within 24 hours. Please assign a feedback rating when we are done so JA will pay me. Thank you.

Customer: replied 1 month ago.
Thank you for your answer. But as I may face a report for the copyright violate , and ebay amazon usually need we supply the proof I do not violate the copyright, I guess I'd better make a registration on copyright.gov. So if do the registration tonight, do you know when I will get the registration number such as "VA xxxx" ?
Thanks

Current processing times are:

for e-Filing: 6 – 8 months

for Paper Forms: 8 – 10 months

For works that are determined to be copyrightable and that meet all legal and procedural requirements for registration, the effective date of registration is the date the Copyright Office received the completed application, correct payment, and copies of the work being registered in acceptable form.

Customer: replied 1 month ago.
in fact , I know this. My question is , do you have experience when I will get the register number ? I do not need certification , but I did need a registeration number .

I am sorry, I do not know the time frame as to when you receive that number; I will opt out and see if another expert can assist you.

Hello:

If you register electronically with the USPTO it takes 3 months to get your registration.

If you register by filing hard copy it takes 10 months for the USPTO to process.

Kind regards,

Gerald

Customer: replied 1 month ago.
you means even I do not need a certification but just a registration number such as “VA xxxx” will take 3 month?
Thanks

It takes the USPTO 3 months to process your request for a registration.

But you can publish your design prior to receiving it. You can post on your page the Copyright Notice symbol. Registration is backdated to the application date.

You can see from the "Status Request" page at the USPTO there is no pending number:

https://www.copyright.gov/forms/status_form.html

Customer: replied 1 month ago.
Thank you. I got it. So my last question , can someone copyright a pattern ? My situation is someone said he/she copyrighted a VA ( Visual Art ) and then report me that they copyright the pattern. So any products close to their pattern ( such as a color change ) will violate their copyright. Is that correct or false ?

Patterns can be copyrighted. There is a lot of activity in copyright litigation over this. Some of the copyrights have been successfully challenged.

See:

http://www.techlawjournal.com/topstories/2004/20041108.asp

Some have not:

http://title17.net/archives/168

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald-Esquire, Lawyer
Satisfied Customers: 3737
Experience: 30 years of experience.
Gerald-Esquire and other Intellectual Property Law Specialists are ready to help you

Related Intellectual Property Law Questions