copyright What to do?

[whitebread]

So I have been developing programs as a hobby since before I can remember. In 2008, I started using a business name that I came up with. I even posted here on Neowin in June of 2008 getting a logo for my business. At the time I started using it, I Googled the name and did searches with the US & Canadian copyright/trademark databases to make sure the name was not in use.

I bought the domains for the business name several years ago, and still have ownership of the names.

I also released an app on GetJar under the business name several years ago.

So I have clear proof that I've been using the name, and I'm 100% certain that I was using it first.

I checked tonight to see if a copyright or trademark was filed for the business name, and it still turns up nothing. My next step is going to be a NUANS search (a name search required prior to incorporating in Ontario).

However, I found out tonight that just recently a company has released a software program whose name is identical -- literally, everything except they capitalized a letter I didn't -- to my business name :(.

What can I do, if anything? I'm SO frustrated because it is SO hard to come up with a good & unique business name. I feel like they've stolen my name. Surely THEY must have done a Google search and seen that I've been using the name??

[whitebread]

I ended up deciding to just change my business name to something new and unique. Sad, though. I'll kind of miss my old name... :(

[Noxa12]

Unfortunate mate, couldn't possibly offer any advice on the matter. Out of curiosity was this other company much bigger?, perhaps they did know and just bullied you out of it.

[firey]

out of curiosity what was the name of the app/your company?

[whitebread]

Unfortunate mate, couldn't possibly offer any advice on the matter. Out of curiosity was this other company much bigger?, perhaps they did know and just bullied you out of it.

Maybe :(. ***holes LOL

out of curiosity what was the name of the app/your company?

Intralook

[firey]

Maybe :(. ***holes LOL

Intralook

Hmm, I haven't heard of it. What was the company that jacked your name?

[ZakO]

To be fair to the other company when you search "intralook" (in google and bing at least) nothing of any relevance comes up apart from a 4 year old DeviantArt page. It's likely they did search, didn't find anything and thought the name was unused.

[whitebread]

Hmm, I haven't heard of it. What was the company that jacked your name?

It's called "IntranetSites". Here's the page of the product with "my" name:

http://intranetsites.com/index.php?fuseaction=cPageGoTo.GoToDoc&DocumentID=411

[firey]

It's called "IntranetSites". Here's the page of the product with "my" name:

http://intranetsites...&DocumentID=411

Uhm.. this was released back in 2007. The date on the bottom of the page shows:

pfcf_INTRNTS_2007_8_15

Even if released later.. the copyright on the site shows 2009 as the latest date.

[whitebread]

Uhm.. this was released back in 2007. The date on the bottom of the page shows:

pfcf_INTRNTS_2007_8_15

Even if released later.. the copyright on the site shows 2009 as the latest date.

Odd... I have searched numerous times for "my" company's name over the years, and that just popped up in the last few weeks. Seriously. :wacko:

[firey]

Odd... I have searched numerous times for "my" company's name over the years, and that just popped up in the last few weeks. Seriously. :wacko:

It may just be google refreshing their index? Removing crap entries, etc.

[McCordRm]

If they haven't filed for a Trademark on the name or anything,

why not go ahead and do so? If you can prove you've been using it

longer, even though you're just now getting around to Trademarking

it, you should be fine. Especially if you've released a product (your program)

under the name.

[SirEvan]

Their software looks like crap. I say get the name yourself then sue them.

[Astra.Xtreme]

Not sure if Canada uses a "first to use" or "first to file" system, but regardless, it's worth going through the cycles to make it your property. Since you put so much work into it so far, it would be a shame to let it all go that quickly.

All in all, it's worth getting a patent lawyer's advice, imo.