WTF?!

[scottishlass]

Got this just now in my mail box


Dear Miss Una,
I recently found your website while executing a trademark search. I was quite surprised to find the © darkscape designs 2001 mark at the bottom of your page. I did some research and was unable to locate another Darkscape Designs on the web to contact, so I hope you don t mind me directing my inquiry to you. I myself started, incorporated and copyrighted DarkScape Designs in 2000 as a graphic design company.

[...]

Great, just great. Now I have to change every frelling copyright disclaimer on my homepages ... everywhere there is © DarkScape and I use that frelling name since 1999 when Farscape came up. Grrr... the one thing that really irks me is that I have to change my ezboard user name probably as well as the title of my Farscape homepage :s
I hope with removing Design by Darkscape from my pages everything will be settled. I really do not have time nor money to contest his copyright and/or domain :s

Comments

[elfnut.livejournal.com]

Hmmm Is there any way you can keep the name for net purposes even thou you have to change it for copyright issues?

I can't believe this happened, sorry Goddess :(

[scottishlass.livejournal.com]

Well I only had to change my FS and CB.de sites the others all had only the powered by different-worlds.net etc. on it.
Phew.
And I can keep my ezboard name as I have it since Dec. 2000. :)

[elfnut.livejournal.com]

sounds so much better :)

I suppose you didn't go to Neuss :P?

I am right here

Love,
Elf

[scottishlass.livejournal.com]

I need to go to Neuss tomorrow on Friday ...well not really as it is 01:01 AM Friday morning over here. But you get my drift.

[elfnut.livejournal.com]

Absolutely :D

I'd love to procastinate here as well ...

[scottishlass.livejournal.com]

well I didn't ... I had a choc.full day today ... I had to do the research and then got into town to look at oven/stove arrangements as my stepfather wants to buy one for Olly and me (if it is up to the both of us we will never agree on one soon). So I had to rush to and fro and am knackered now (which is nothing new and I really should be in bed now :s)

[elfnut.livejournal.com]

Sweet Dreams!

Go to bed, woman!

Love ya,
Elf

[spacellama.livejournal.com]

In US copyright, a phrase such as "darkscape designs" cannot be copyrighted. It can be trademarked, but trademarking generally requires more than just verbiage: it is generally acompanied by logo and other brand identity collateral.

Also, if you're spelling it all lowercase "darkscape designs" and he's using wonky on-again-off-again capital letters "DarkScape" that is far from identical. One can be trademarked without infringing upon the other.

But copyright, no.

[scottishlass.livejournal.com]

Shucks if I had known that I'd not have changed my stuff, but now it is done and I can lean back and be relieved :)
THank you for the headsup on copyright law :)

[spacellama.livejournal.com]

Yeah, I guess that "better safe than sorry" bit applies. Especially if this dude has good lawyers. :) Copyright/trademark law is pretty murky; I spend a lot of time on the phone with the copyright folks and am far from expert.

[scottishlass.livejournal.com]

Yep and as I said atm I really do not have the time nor the inclination nor the money to contest him. OH well .. it was time to either take a new nick or to stick up to what I write on the net as I already sign most stuff with my real name. DarkScape can be laid to rest ...

[http://users.livejournal.com/_sweetangel/]

I am so sorry, Una. It seems like a lot of my friends had similar troubles in the past few months. What is going on?

*Hugs*