Someone warned me on Facebook?? What Shall I do?
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08-30-2013, 04:40 AM
Post: #3
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The threats are bull hockey. YOU don't have to remove the page, the online SERVICE provider has to disable it "promptly". The copyright owners can STILL sue you for damages, assuming they have any, and can register their copyright and sue for "statutory damages" of up to $150,000 if you continue to upload their copyrighted stuff without permission. There is no possible way you can be "incarcerated" for what you describe, at least not in the USA. They would have to prove you took at least $1,000 worth of value from their copyright within 6 months, or made money on your unlawful use of the copyrighted materials. Names are not protected by copyright in any event.
As for trademarks, that's a whole different story. They do not own the trademark of the logo unless and until they have used it "in commerce" as an indication of source or quality of particular goods or services. Not clear that an FB name has any trademark value, as it is merely an identification within FB, much like a domain name is an identification on the internet (and not generally a trademark). They would have the burden of proving when they started using the brand and that it has value and that you have infringed upon that value by intentionally creating a likelihood of confusion. They might have a pretty good case, now that you have admitted in public that you did it intentionally. |
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Someone warned me on Facebook?? What Shall I do? - U Mad Br0 - 08-30-2013, 04:36 AM
[] - bcnu - 08-30-2013 04:40 AM
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