Forums: Discussions for entrepreneurs and small business.

I launched my online biz half a year ago and my partner and I knew it was going to be a hit before it was live. Now there are several knock off websites (all poorly done) and I`m wondering if I should trademark anything, or patent it or what? I`m kinda confused about it but isn`t it easy to just change something so it doesn`t infringe? What are you actually protecting if you are just a regular guy like myself with a small bank, assuming if someone did just copy my idea flat out..where would i get the money to sue them or try to fight them?


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Seems to me that in a situation like this, the first one out there (with name recognition) wins. You show on your site that you`ve got buzz from some big-name media channels, which would seem to mean that your name will be the one that comes to mind.

You`re right, though, that unless you have the money or power to enforce a trademark or copyright, there`s not a whole lot you can do.

I agree with Craig that without money to enforce a trademark or copyright suit, it`s difficult to keep your IP from being used by someone else.  That being said, having copyright and trademark protection means that you can keep others from using your IP either through takedown notices to Google and the infringer`s host or through cease and desist letters (which, of course, won`t work for serious intentional infringers, but will often suffice for unintentional infringers or infringers who don`t understand the law). 

Unfortunately, you`ve been in business too long to file a patent (which, to my understanding has to be done within the first year).  Let me know if you have other questions.

Deena

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Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post.  No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation.  Any advice given here is not intended to create an attorney-client relationship in any way.

 

 

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Deena B. Burgess, Esq.
www.ebusinesslawgroup.com
Offering Affordable Legal Solutions to Online Businesses
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