How can I protect my intellectual property on the internet?
January 20, 2024 | 30,00 EUR | answered by Christiane Melzer
Dear Internet and Computer Law Attorney,
My name is Konrad Schröter and I run a small online boutique where I sell self-designed fashion accessories. Lately, I have noticed an increase in instances where my designs are being copied by other online shops and sold without my permission. This not only leads to a loss in revenue for me, but also dilutes my brand image.
I am very concerned about protecting my intellectual property on the internet. How can I ensure that my designs are not simply copied and sold by others? Are there legal steps I can take to effectively protect my intellectual property?
Currently, I have already registered my logo as a trademark, but it seems that this is not sufficient to protect my designs from theft. I have also tried reaching out to those shops that have copied my designs, but unfortunately without success.
What measures would you recommend for me to effectively protect my intellectual property on the internet? Are there ways to take legal action against those who use my designs without permission? I appreciate any help and advice in order to protect my intellectual property and continue running my online boutique successfully.
Thank you in advance for your support.
Sincerely,
Konrad Schröter
Dear Mr. Schröter,
Thank you for your inquiry regarding the protection of your intellectual property on the internet. It is understandable that you are concerned about the theft of your designs and are looking for ways to address it. As a lawyer specializing in internet and computer law, I can provide you with some recommendations to effectively protect your intellectual property.
First of all, it is very positive that you have already registered your logo as a trademark. This is an important step to protect your brand and initiate legal action against possible infringements. However, a trademark alone may not be sufficient to protect your designs from theft. You should also consider registering your designs as design patents or copyrights. Through these additional protective measures, you can ensure that your designs are legally protected and you can take legal action in case of infringement.
If you find that your designs are being copied by other online shops, it is important to gather evidence. Save screenshots of the copied designs, as well as links to the relevant online shops. This evidence can help you defend your rights in case of a legal dispute. You can then hire a lawyer to help you enforce your rights.
It is also advisable to publish a clear and concise privacy policy on your website, stating clearly that copying and using your designs without permission is not allowed. This can deter potential thieves and underscore your rights.
Regarding the shops that have already copied your designs, you may consider legal action. You could send a cease and desist letter to the relevant shops and request them to remove the copied designs immediately. If this is not done, you could file for injunctive relief or even a lawsuit to enforce your rights.
I hope these recommendations help you effectively protect your intellectual property on the internet. I am available for further advice and support.
Sincerely,
Christiane Melzer
Lawyer specializing in internet and computer law
