Intellectual Property Law

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I got a copyright infringement notice from Servpro.com. We…

I got a copyright...

I got a copyright infringement notice from Servpro.com. We have owned a website for several years called serviceproslocal.com. They are requesting us stop using the website which we have invested 100's of thousand of dollars in SEO and pay them $25000 within 14 days.

Lawyer's Assistant: What written documentation do you have?

Email letter

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can provide documentation ok

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Answered in 5 minutes by:
3/30/2017
Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 103,583
Experience: Licensed attorney in private practice.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What exactly are they claiming that your website is infringing on? Images, logos, trademarks, etc? And if so, is their claim correct or not? The more you can tell me, the better.

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Customer reply replied 1 year ago

their issue is with our domain name not any web content...*******************.

I see. Okay. Is there any way you can upload me a copy of their demand letter?

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Customer reply replied 1 year ago
never mind...just sent

Thank you. Please give me a second to review...

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Customer reply replied 1 year ago
No problem...thanks for your time.

Okay. So... what do you need to know? For example:

1) How does such a lawsuit work?

2) Do we have to pay them?

3) Is this negotiable?

4) Etc.

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Customer reply replied 1 year ago
I just wanted to know if you felt serviceproslocal.com is infringing on their name serv pro. I honestly don't think anyone would be confused that we are serv pro.
Customer reply replied 1 year ago
there is nothing on our site referring serv pro or any misleading info going on.
Customer reply replied 1 year ago
our logos have no similarity.
Customer reply replied 1 year ago

.

Well... frankly... possibly. However, I am not the Judge. And it would be a Judge or Jury to decide.

First of all, a little review.

Trademarks

Phrases may be copyrighted. A trademark is any word, name, slogan, design, or symbol used in commerce to identify a particular product and distinguish it from others. Trademarks are filed with the US Patent and Trademark Office.

Copyright
Copyrighted images are filed with the U.S. Copyright Office. They work very much like trademarks.

Trademark Claim
What you have here are two parties that essentially use the same logos and close names. If so, then there is NO CLEAR ANSWER as to who gets to keep the trademarks, and, if it can be shared. The Court would have to decide if one party pushes on it, depending but not limited to the following:

-who copyrighted/trademarked it first
-who actually began using it first
-what kind of industry one uses it in and whether or not the other party is in another industry, or, in direct or indirect competition with the first party
-whether any party was malicious in their actions
-whether the phrase/verbiage/image of the first party confuses/dilutes the other party's claim

Honestly, they may have a good claim, because this IS the same industry and they DID trademark it first. If so, it is always best to negotiate it away before filing anything.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 103,583
Experience: Licensed attorney in private practice.
Verified
Ely and 87 other Intellectual Property Law Specialists are ready to help you
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I am not saying that they are identical. And it is a stretch. However, I would not want to litigate this matter unless you absolutely feel that you could win and can spend $5k to $10k in defense.

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Customer reply replied 1 year ago
thank you...I understand...we have spent over 100K in the SEO for this domain...so it may be worth fighting. Paul

I might agree with you. I would consider getting an attorney to write back a letter, and perhaps they will drop the matter.

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