Law-Forums.org

[honi]

What happens if I made a website and created a logo for it but did not copyright/trademark my idea.
Then if somebody else copies the name and logo then gets it trademarked/copyrighted, would they be able to sue me even though I created everything first ?

[porter]

What happens if I made a website and created a logo for it but did not copyright/trademark my idea.
Then if somebody else copies the name and logo then gets it trademarked/copyrighted, would they be able to sue me even though I created everything first ?

Yea id guess so. But it would be a good dispute. You would have to have some sort of proof that you did in fact make yours first.

[webb]

No, your copyright was free, instantaneous and automatic when you first "fixed" your creative work of expression in a tangible form. You own it. You can sue others who violate your copyright.

Similarly, your trademark was free and automatic (at least in common-law countries) when you were the first to use the distinctive logo or name as an indication of source or quality of your particular goods or services. You can enforce your trademark to prevent others from using anything similar on related goods or services in your locale or market, if their use would create a "likelihood of confusion" with your goods.

They could certainly sue you, but your countersuit would be more likely to prevail in court. Also, even if someone were to register a trademark (i.e., federally) after you had been using yours, they could not use that registration to stop you from continuing to use your trademark. They could, however, limit your expansion. This is why the owners of many valuable trademarks hire companies or attorneys to "watch" for related trademarks when applications are filed, so you can notify them of your existing rights, file an opposition to their registration, or even sue to have their registration revoked in your favor.

Add: It may also be worth noting that copyright does NOT protect your idea at all, anywhere. It only prevents others from copying or modifying your creative works of original expression.

[barend31]

It is entirely possible to sue but it will not be easy.. You would, as previously said, need proof that it was your idea first. And solid proof. You could go about that with your website, about how long its been established and when it started. But why go through that bullshit? Get a trademark now!!