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How do I find out if something is already copyrighted?

If I have Copyrighted / Trade Marked something and I find a site with the same name which has not been Registe?

  • If I have Copyrighted / Trade Marked something and I find a site with the same name which has not been Registered / Copyrighted / Trade Marked, what can I do about it legally?

  • Answer:

    If you have a registered trademark contact the UK Intellectual Property Office for advice on enforcing your rights. Copyright is an unregistered right. If the problem is the name of a website and you have a registered trademark with the same name then you have rights if the other party set up their website in bad faith - you need to contact ICANN - The Internet Corporation for Assigned Names and Numbers.

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Legally speaking, most countries don't formally require registration; whoever was the first person to create the brand is the one with the copyright. In practice, the person who registered the copyright first is usually the one who wins out; if your copyright is not registered it is almost impossible to enforce. So in short, if you registered it first, in practice it's yours. The catch with websites, though, is that if the other website is hosted in another country, it might not be covered by copyright laws where you live.

Bob B

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