Intellectual Property Law

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I want to stablish a web page to do umbrella service in

Customer Question
I want to stablish...

I want to stablish a web page to do umbrella service in Miami . already designed the page and was about to put it up and found out there is another web page so close that only and s difference would separate them , is it consider stealing intelectual property even if they do sell and we do service?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: Has anything been filed or reported?

No I just notice when we put it up on the web

Submitted: 4 months ago.Category: Intellectual Property Law
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Answered in 23 minutes by:
12/20/2017
IP Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Intellectual Property Law
Satisfied Customers: 2,016
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your intellectual property law question today. I'm attorney Bill assisting you today.

IP rights can be divided into trademark, copyright and patent rights.

If your site content is all your own work that rules out copyright and patent infringement.

A trademark infringement can occur if the name of your business is succinctly similar to the the trademarked name of the rival business. If this isn't the case then there will also be no infringement.

What's important here is that your product isn't named so to cause confusion between yours and a competitor that has a local or internationally protected mark.

A USPTO trademark search is possible here:

https://www.uspto.gov/trademarks-application-process/search-trademark-database

What is most likely in your situation is that your business name is ***** ***** the other's which isn't necessarily a trademark breach. Your business name may be denied by the Secretary of State's office if it is too similar to the other site but this isn't a breach of IP law.

We are here to help so please follow up with me until you are satisfied.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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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).

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