copyright infringement

December 19, 2009
posted by Jahanzaib at

As a cab driver one learns and masters many things, one important thing is to keep calm when passengers act foolishly or even sometimes try to bully you, just don't loose your mind and finish the job.
Today, upon accessing my inbox, I found an e-mail which can be categorized as bullying . I have been accused of breaking the copyright laws and threatened a lawsuit apparently by a fellow cab driver, e-mail is quoted below.

I am the president of NYCabbie.com
The NYCabbie name and logo and photos are protected by international copyright laws.

By using the NYCabbie name on your website you are breaking the law and you are placing yourself at risk for a lawsuit.

I suggest you remove any reference to the NYCabbie name on your website.

Unless, of course, you are in a financial position to go to court and lose your case.

MLK
President
NYCabbie
www.NYCabbie.com

I think MLK needs to learn, what can and can not be copyrighted before making such claims, your works on your website including writing, photos, logos and graphics can be copyrighted but your name, pen name, title and even your domain name can not be copyrighted in the U.S.
Copyright office website states these thing as given below.

Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records. See FL 122, Recipes.

Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information.

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

Hence reading above statements by copyright office, it is clear that NYCabbie can not be copyrighted, but can be a registered trademark or patent and upon checking USPTO site, it is not even registered trademark or patent till date.



Even if it is a registered trademark of your company, still, you can not stop me using this name, only thing you can do is not to let me use your logo, artwork or photos or maybe postings, which I'm not using neither intend to use.
Just to refresh, think of any famous brand or website names like yahoo, msn or even microsoft and add .blogspot.com domain to them, they are there and for a reason that names and website domains can not be copyrighted.
And my thoughts on this whole matter, WOW, with the reader ship of maybe three and half, I'm at the verge of being sued. What are other three thinking about this?

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5 Comments:

December 20, 2009  Anonymous Anonymous

now i m thinkin to change my name to nycabbie too after all i m a ny cabbie no wait a minute we r a total of 44k+ nycabbies out there n this guy is acting stupid or wat

hey thank you for adding me on your link list. I'll go and add you back to mine. I love the taxiblogosphere, as we do support one another and add to the expression of New York City. I do feel for this guy too though, since he had his name first, if I were in his position I'd be angry too, despite the fact that you aren't taking any of his actual content.

Once when pushing my site around the internet somebody complained of photography from a taxi that it had been done before, pure ignorance, they were unaware that there has been a growing percentage of cabbies with cameras, not only for expression but for safety, photography has to be done.

but it shouldn't be a big deal just to change your author name. I think I've changed my name 4 times already.

@NYC taxi photo you are welcome and thanx for adding me in your blogroll, only problem I had with above email was it's threatning language, he could have asked me same thing in different tone, and there was no reason not to change my nick or pen name, which he apears to have problem, like I'm going to steal all of his traffic.
Anyway I have changed my nick to please every one involved.

yeah, it was some scary language. Seems a bit paranoid for a guy who has a website, he should know the risk he takes, and be a little more open to the common name he used, i agree.

I don't know if I am your 1/2 reader, but I agree with you. It's like Coca-Cola trying to copywrite "Coke.". Saw that Lindsay Lohan was try to sue e-trade.
Click here for more info

Keep writing, I enjoy reading
Paul City7100

Thanks again for sharing!

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