Strategic Advocacy for Trademark, Branding and Counterfeit Disputes – Toronto Trademark Infringement Litigation Lawyers
Website Dispute Lawyers
Remedies for Website Copying
Toronto, Canada Internet Lawyers
For many businesses, a high-traffic website is an invaluable asset. In the modern economy, it is the primary way to attract potential customers.
Is Your Business A Victim of Website Copying?
Successful websites also attract competitors and others who are looking to take advantage of your website’s success. By copying some or all of your website’s content, source code, or trade-marks, or by registering confusingly similar domain names, others can hope to make use of the goodwill and search engine optimization that your website has developed, artificially inflating their online presence at your expense.
These actions may also impact the online presence of your own site, as the uniqueness of your website becomes diluted, particularly in search engine results.
Protecting your Copyright and Trade-marks
Our team of lawyers practising in this area have been involved in actions concerning unauthorized online use of:
- trade-marked marks
- passing off
- material protected by copyright
Anonymous Copiers and Publishers
The identity of individuals who are engaged in website copying is not always initially known. Lawsuits for breach of copyright, trademark and passing off against anonymous persons are often brought in the courts as so-called John Doe and Jane Doe actions. The legal process of the court may lead to the identity of the wrongdoers. Injunctions against unknown wrongdoers to restrain continuing or imminent breaches are also sometimes granted by the courts.
Protecting your Domain Name
We can also advise and represent your business in connection with domain name disputes, including claims against “cyber squatters”, sometimes resolved on the basis of residency requirements and / or through complaints to internet registrars, but other times requiring proceedings for judicial assistance.
Because of the harm that can be caused through widespread, international dissemination by the unauthorized use of material online which are copyright, trade-mark, or trade-name protected, this type of conduct is often the subject of cease and desist letters and injunctions to restrain the wrongful and / or prohibited acts. These types of injunction proceedings must be brought without delay and in the court having jurisdiction. Our lawyers are experienced in acting and representing clients in both the Ontario Superior Court of Justice and the Federal Court in such matters.
Our lawyers who practice in this area have experience in bringing and obtaining injunctions, including claims for permanent injunctions, restraining breach of copyright, trade-mark, trade-name or passing off online.
Do not delay in obtaining legal advice once you or your business becomes aware of the unauthorized use of your trade-mark, trade-name, copyright or if someone is passing off their business or goods as if they were yours.
Often, the person or company copying your website is not located in the same jurisdiction as you. If you operate in Ontario, you need lawyers with experience handling Ontario litigation in cases where some or all defendants are located in foreign jurisdictions.
Similarly, if you operate in a foreign jurisdiction, and the person copying your website resides in Ontario or the wrongful copying occurred in Ontario, you need local counsel who is familiar with representing and advising foreign clients involved in Ontario litigation.
Some of our lawyers commonly work with conjunction with foreign counsel for foreign clients.
We are consulted by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas.
Internationally, we have also been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.
Some of our lawyers have been admitted and previously practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K.
Please contact Gilbertson Davis LLP to arrange an initial consultation.