Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law
This answer was rated:

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

I got a copyright infringement...
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.
JA: What written documentation do you have?
Customer: email letter
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can provide documentation ok
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 5 minutes by:
3/30/2017
Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 102,773
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.

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months 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?

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months ago
never mind...just sent

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

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months 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.

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months 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 8 months ago
there is nothing on our site referring serv pro or any misleading info going on.
Customer reply replied 8 months ago
our logos have no similarity.
Customer reply replied 8 months 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!

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 102,773
Experience: Licensed attorney in private practice.
Verified
Ely and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now

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.

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months 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.

Ask Your Own Intellectual Property Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 102,773
102,773 Satisfied Customers
Experience: Licensed attorney in private practice.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

856 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

460 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

102,773 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I need someone who is familiar with trademark and logos. I
Hi, I need someone who is familiar with trademark and logos. I need to know why a dog jersey of the FC Barcelona Soccer Team is NOT a protected logo. Why is that? if all the research i've done says th… read more
Damien Bosco
Damien Bosco
3,105 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,086 satisfied customers
I have a question regarding the trademarks and copyright of
I have a question regarding the trademarks and copyright of Adobe Systems, Inc. I understand that their name, "Adobe" is a trademark, and the question I have is, would it be an infringement upon Adobe… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
Patent Law: I filed a Provisional Patent Application; and
Patent Law: I filed a Provisional Patent Application; and Confirmation that is good for one year. Is it safe to distribute the product to potential Venture Capital Companies; and others with no Non Di… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
Re: copyright infringement. The company who created and
Re: copyright infringement. The company who created and hosts my business website used an image on my site, which was taken from a disk that was public domain. I received notification from a company (… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,819 satisfied customers
What constitutes copyright infringement? If I find someone
What constitutes copyright infringement? If I find someone else's explanation answer to a question, and I read that explanation, and then develop my own explanation perhaps with different wording will… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
Can I trademark a name, logo, slogan if it already exists in
Can I trademark a name, logo, slogan if it already exists in a town by the other company if not filed on any state or county levels, they just have a flyer or website name they use for business. Not a… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I'm actually asking a copyright/trademark question. I am a
Hi...I'm actually asking a copyright/trademark question. I am a writer and small, independent publisher. I wrote a series that was published in 2005, 2006, 2007 and is actively available and selling n… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
856 satisfied customers
My church women's group has come up with a slogan and logo
My church women's group has come up with a slogan and logo that we would like to protect. This slogan will be used in conjuction with themed workshops with varied offerings, but still being related to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,299 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
856 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,086 satisfied customers
Im looking to copyright my car clud name and logo,
Hi JA: Hi. How can we be of help? Customer: Im looking to copyright my car clud name and logo JA: What written documentation do you have? Customer: Documentation JA: Have you talked to a local attorne… read more
Amadeo Rivera
Amadeo Rivera
JD
79 satisfied customers
We need an attorney who specializes in patent and trademark
We need an attorney who specializes in patent and trademark processes. We are currently trying to trademark our company logo and are having a hard time trying to find someone who can help us with that… read more
Landon Lerner
Landon Lerner
Founder of San Diego Office
Doctoral Degree
12 satisfied customers
I would like to copyright or protect a logo or avatar
hello ,I would like to copyright or protect a logo or avatar created by my now deceased son for non-profit purposes. Is this possible? And if so how? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,816 satisfied customers
I received a copyright infringement notice from a company in
I received a copyright infringement notice from a company in Toronto CA. They apparently found a cartoon photo on my blog from 2014. I was unaware it was copyrighted. They are asking $2940.00, I'm in … read more
Ely
Ely
Counselor at Law
102,773 satisfied customers
I have received a copyright infringement notice that has to
I have received a copyright infringement notice that has to be replied by January 26. My crime is that I had uploaded soft copy of a book on Kijiji.ca for sale. After I received the mail, I have delet… read more
socrateaser
socrateaser
1,031 satisfied customers
I received notice of copyright infringement from an
I received notice of copyright infringement from an pornographic website that I once subscribed to in 2011. The claim is that I uploaded their property to a torrent site. (I do not even know how to do… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,570 satisfied customers
Copyright infringement by using software and the internet
copyright infringement by using software and the internet for allegedly downloading the film I got this letter and wanted to see what needs to be done at this point? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,086 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x