Item description has been copied.
December 20, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I have just discovered that a competitor has copied my article description from my website www.Textilecke.de.
Link to my article description:
http://www.textilecke.de/products/Tischdecken/Eckig-110x110-cm/Tischdecke-Damast-Marmor-110x110-cm-Eckig-in-Weiss.html
Link to the competitor:
http://cgi.ebay.de/Tischdecke-Damast-MARMOR-eckig-130x220cm-bordeaux-NEU_W0QQitemZ270495809537QQcmdZViewItemQQptZDE_Haus_Garten_Heimtextilien_Tischw%C3%A4sche?hash=item3eface8001
I find it really cheeky, as even the words I have written in BOLD have been copied. It was a lot of work to write suitable texts for my articles.
What rights do I have here, and how can I prove in case of emergency that the texts were created by me?
The following section was copied 1:1:
Easy to iron
The tablecloth only needs to be ironed once after unpacking, after that you will not need your iron for this one anymore. This is a truly crease-resistant tablecloth.
Stain-resistant
You are acquiring a truly stain-resistant tablecloth that can handle coffee, tea, and red wine stains without any problem. Smaller stains such as jam can be wiped off directly with a cloth, and then the tablecloth is as good as new.
Quick-drying
After washing the robust tablecloth, it is ready for use again in no time and is a great eye-catcher.
Easy to care for
Since this product is a washing machine suitable tablecloth, you can easily wash it at up to 40° and then simply let it dry.
Best regards from Heddesheim
Haksal
Dear inquirer,
Thank you for your inquiry!
I would like to address your question considering the circumstances you have described as follows:
In your case, your copyright in the texts you have formulated may be infringed. For this to be the case, the texts you have described must be copyrighted in your favor.
It should be noted that not every text is protected by copyright. In order for the text in question to be protected by copyright, it must exhibit a certain level of creativity. This is to be evaluated on a case-by-case basis according to jurisprudence. Indicators include high individuality and uniqueness of a text, imagination, and creative ability.
Based on your description, it seems that these criteria are met, so it can be assumed that there is copyright protection in your favor. You may need to prove this copyright (and in particular that you have the older rights to it).
For example, witnesses could testify to when you began using the relevant texts. If necessary, authorship can also be traced back through technical means.
As a result of copyright infringement, you are entitled to compensation and injunction claims (keyword "warning") against the infringer.
If you intend to take action against the copyright infringement, my law firm would be happy to assist you. If you decide to engage our services, the initial consultation fee will be fully credited. If you are interested, please feel free to contact me at the email address provided below so that I can send you a non-binding offer.
I would like to emphasize the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive examination of the facts.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Please feel free to contact me through the follow-up option on this portal or via my email address.
Wishing you a pleasant Monday morning and a good start to the week.
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
