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  1. Collapse Details
    Chinese company using my business name
    My Californian company has been operating for many years. Recently a Chinese based company has been started using the identical company name. Using google search my company comes up first while their company comes up second.

    How do I respond?


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    The same thing has happened to me and my business, but the Chinese business is clearly masquerading online as my business by using my business name and location in their site title on search engines. They come up second after my name on most searches; I'll be interested to hear any suggestions as to what to do. The Chinese site using my business name is selling counterfeit sunglasses and handbags. Very frustrating!


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    BradMajors,
    So the issue here is a copyright issue. First let me ask do you have any Intellectual Property that protects your name and website? Either way we can help you out. In short there are strategies that allow you to prove that your website was there first, and that it has been copied. After that the we write letters to the service provider and get them to block the website as it would be infringing material.

    If you have any questions give me a call
    256-229-5551
    Daniel Lorick
    Licensing Manager
    daniel@lmpfirm.com
    www.lmp-solutions.com


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    That's a bummer, and is a REALLY BIG problem, especially given US companies have very LITTLE way in terms of recourse as against Chinese companies.

    There are exceptions, however, and that mainly deals with whether the "infringing" or "masquerading" Chinese company has some sort of US presence. For example:

    (1) Is the Chinese company using a US-based hosting company? (Use "whois" to find out)
    (2) Does the Chinese company have any assets located in the US? (I.e. a headquarters, distribution facility, etc?)
    (3) Is the Chinese company shipping products into the US, or otherwise potentially banking or possessing a US-based merchant account (i.e. to collect funds from people)?
    (4) is the Chinese company using a domain name that infringes on a valid US trademark?

    If you can answer any of the above in the affirmative, you may be able to do something about it. For example, w/r/t #1 above, you can have their US-based web hosting company be issued a DMCA take-down notice, IF AND ONLY IF, the Chinese company has infringed one or more of your copyrights and those infringed copyrights are located on their website. Note: Your "company name" is not a copyright, but a trademark, and therefore not actionable under DMCA.

    As you can see, just with #1, the results are complex and depend on a number of factors. Therefore, while this sounds self-serving, you really do need to consult with a high-tech business attorney (or Internet attorney) who has IP experience. He or she will be able to give you advice, given the specific circumstances of the infringing activity. Then, you can decide what would be the best (and most cost-effective) recourse.

    Good luck to you. Larry.


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    Laurence S. Donahue, Esq.
    Attorney & Founder
    Law 4 Small Business, P.C.
    http://www.L4SB.com/
    505-715-5700
    888.99.BIZLAW (888.992.4952)
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  5. Collapse Details
    Larry is absolutely correct. Sometime these issues can become very complicated, but the best thing to do is consult with counsel and develop a strategy with their guidance.

    LMP Inc.
    Daniel Lorick
    Licensing Manager
    daniel@lmpfirm.com
    256-229-5551
    www.lmp-solutions.com


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    They are doing an illegal work which is gives them a punishment.


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    Interested to know if anything came of this? Were you able to get the Chinese site down?


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    RickC
    DMCAAgentService.com - Comply with the DMCA without giving up your privacy.
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  8. Collapse Details
    Precisely the Exact Same thing Has Ever happened for Me Personally along with my Small Business, However, Also the Oriental Company Is Demonstrably masquerading on Line Because my Firm with my Company name and Spot Within their Website Name Online Internet Search Motors. They come after my title on hunts; I will want to know some suggestions. The site is currently attempting to sell handbags and sunglasses. Very bothersome!


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