Help with client

[bhjodokast]

Hi,

I have a non-paying client that I need to collect from. I may need legal services, but I am not sure.

Basically another company is using my company name, and I am OK with this, but they also stole my logo.

If you can assist me in enforcing my copyright, let me know. It's not really something I want to go out and hire a lawyer for, but if I have a strong case I will.

Post or e-mail me, or read more at my blog: http://bluefugu.blogspot.com/

Thank you.

Jodo

[DDD]

If you applied for a copyright or have some proof that your existed first then I think you can write the US copyright office for more info. Other than that all you can really do is try to make their life hell by spamming them and reporting them on forums such as this.

[VersusMG]

You could post their URL and Yours and we could teach them a lesson in Spam Karate! :hugegrin:

It looks like they got the message. There site is down but you can still see the frames.

[bhjodokast]

My website is at: http://bluefugu.biz.tm I have not registered the bluefugu.com domain yet, I should have. I started Blue Fugu Software on the net and locally in San Antonio in 2001.

My bounty's website is at: http://www.bluefugu.com/ and apparently it is a website for a bar that opened up in Florida. This site was registered January 2005 of this year.

Since they have not agreed to cooperate, I want a piece of the restaurant too. LOL.

We e-mailed back and forth once, but since then nobody has contacted me. I'm updating my website today, and I am looking for work, so this is good timing... I may have to stop by Florida.

http://www.2dadventure.com/ags/screenjk2.jpg

[Ankou]

Your best bet would be to talk with someone locally about what could be done. Or... you might try to talk with someone at SCORE.org. I know it's more about business start-up and running a business, but sometimes they encounter similar (legal) situations and can at least give advice on how to go about taking action.


I'm not sure on the legality of all of this since I believe that will vary from state to state. Also them using your company name - sadly I don't think that's going to get you anywhere. It may be different if you have a legit business - filed forms, paid fees etc. If they did the same work as you did... it may be different story. But I digress since you already said the name issue doesn't bother you.

My honest advice would be to contact them ASAP with a certified letter telling them that they do not have the right to reuse your logo/image. Tell them if they do not stop using the logo/image you will be required to seek legal action. The certified letter will help show that you brought this to their attention - and it'll be signed and dated when they get it. If it weren't signed and dated they may just get a letter and decide to write you back claiming the same thing - that you're using their logo/image.

The rough part is that if you had to go to court you're going to need to prove that this logo/image is your original work. File dates can be changed and manipulated to show other dates and times - so I'm not sure how well that would be. I can't think of a way to prove it is your original work... unless... and this is a LONG shot - http://www.archive.org/web/web.php If you hosted your site somewhere and you know the image was on that site type the address into the waybackmachine and see if it comes up.

That may not hold up in court -- but it's a third party that could prove you'd been using that logo/image for a while now. If it does show up you could even include that in the letter you send to this other company. Let them know that you have that as proof, among a number of other things. Odds are they'll back down.

.... OR ...

Try to make some money off them. Tell them they can continue using the logo/image but at a cost of $100,000. *laugh*

[bhjodokast]

Thank you for your advice. The wayback machine did not have anything I was looking for. I think my reservation of bluefugu.com expired in 2003.

The bogus website is coming up under mine with a google search of "Blue Fugu". This must have been posted in the last month!

Sounds like I need some professional legal advice. If you are an attorney, shoot me an e-mail.

SitRep: My freelance work to date has been completed under my real name; I want to release a software product under a company name. The company name was recently taken by a sushi bar. LOL.

It's pretty funny. :trout:

Jodo

[Ankou]

Sorry I'm not an attorney. I'll ask mine for some advice but I got a feeling he'd need more info - and with that info he'd probably charge me. *laugh*


As for the name thing - this may vary from state to state - but I believe that even if you were set up as a corporation (S or C corp) you could use the name anyway. Even a LLC if you wanted. Thier business and what they do is different than yours. They do food, you do software.

It's like while McDonald's (ie fast food chain) seems to have a hold on that name you could call your local hardware store McDonald's. But then there's the concern if you were to take that local store national. McDonald's (the resturant) probably wouldn't object to a hardware store with the same name - by selling hammers and nails you're not competing with sales of burgers and fries...

There's a lot to it - I've had a lot of dealings with this area but in no way am I an expert (read that as "this is NOT legal advice"). The best thing would be to contact a lawyer that specializes in copyright and/or business law. And as crazy as it sounds a CPA (certified public accountant) that handles businesses can be helpful at times too - more so with the business set-up but at times I've gotten some great legal advice (for free) that made hiring an attorney worth the money.

[bhjodokast]

I have no trademark, no service mark, I'm not officially Doing Business As a company, I just mark my work with a character I created and I put my copyright on.

If I want to make a game, I created the character, I can do that. I can write a book about the Adventures of Blue Fugu.

However, this Florida/NC company cannot steal my character, because I have a copyright on it.

Everyone in the US steals copyright MP3s and movies, so I think I just have to sue these people and I'll eventually get my way. They won't stop stealing my character (my own 'Harry Potter' :).

BTW, my website is updated at http://bluefugu.biz.tm

Thanks for your feedback Ankou.

[Breen]

Copyright isn't neccesary, if you can prove YOU registered your url before they registered bluefugu.com your in the clear,

btw, with some logical deduction i was able to view there site on http://www.bluefugu.com/main_page.html

I don't see them using your logo anywhere...

[bhjodokast]

Breen,

I created "Blue Fugu", just like Walt Disney created "Mickey Mouse".

Now if some hack draws a stupid looking mouse and tries to sell it as "Mickey Mouse", Disney would sue them.

Likewise, since some hack draws a ridiculous looking fish and tries to sell it as "Blue Fugu" I want to sue them.

Maybe when someone steals your idea -- maybe then you will know how it feels. It's flattering but ultimately they stole my idea.

[Ankou]

I think all Breen is saying here is that you're going to have to prove that you created the image they are using. With Mickey Mouse -- well Disney has the advantage where his drawings are shown to the public and the public knows and recognizes it.

With your drawing - yes the public may have seen the image on your site but you don't have the advantage that Disney does. The image you created isn't a household name and known around the world.

If you want to try to sue them, talk with a lawyer first. Odds are if you can't prove it to a lawyer that you created and have the copyright to the image - well then you're probably not going to get any better results in court.

[bhjodokast]

I think all Breen is saying here is that you're going to have to prove that you created the image they are using. With Mickey Mouse -- well Disney has the advantage where his drawings are shown to the public and the public knows and recognizes it.

Take note everyone; your creations can and will be stolen. :)

With your drawing - yes the public may have seen the image on your site but you don't have the advantage that Disney does. The image you created isn't a household name and known around the world.

If you want to try to sue them, talk with a lawyer first. Odds are if you can't prove it to a lawyer that you created and have the copyright to the image - well then you're probably not going to get any better results in court.

I don't have the resources to track these people down. Imagine a company that takes 'Kirupa' as their company name. Basically you are saying it is fair game, and I acknowledge that. If a lawyer isn't chasing after my ambulance, I figure it's not worth it.

I'm encountering some problems with a company called "careercast.com". They are blocking me from applying for jobs on a LOT of websites. For instance if I try to apply for a job on jobs.startribune.com, their website is ignoring my requests.

The website is not blocking my requests when I tried: http://proxify.com/p/011110A0000110/http://www.careercast.com/home/ My hosts file redirects to a file on my website; when I try careercast.com it Times Out.

In the meantime, I have been applying directly with the clients that are advertising jobs through careercast.com (like those at the StarTribune.com). I was curious why would they be blocking me?

The answer is hilarious. I tracked down their IP address and I wound up at a website: www.adicio.com (http://www.adicio.com) Now, compare this company's product to the product I am offering on my website at http://bluefugu.biz.tm

So that's why they are blocking me? Because they feel I am their competition? LOL. I'm one programmer against their whole corporation, there isn't much they can do but block me?

:pac: HAHAHA It hurts.

[bhjodokast]

BTW, here's my results:

C:\DOCUME~1\ADMINI~1>ping careercast.com

Pinging careercast.com [216.39.101.228] with 32 bytes of data:

Request timed out.
Request timed out.
Request timed out.
Request timed out.

Ping statistics for 216.39.101.228:
Packets: Sent = 4, Received = 0, Lost = 4 (100% loss),

They said to check with my ISP and I told them I am the ISP.