Do l have a case against MySpace ?

[grantjoiner]

Firstly apologies if l do not offer enough information. This is my first toe in the water in relation to this matter so l am happy to answer any and all questions.

Let me deal with location. I am based in the UK but the company in question is based in the USA, the head office being in Beverly Hills, California.

In 1995, at the tender age of 14, i had an idea for website. I went about creating the site and it launched in May 1996. The site was targeted at young teenagers and offered various sectional content, functionality and features. Part of the site was called "myspace", this area of the site allowed visitors to register their information, creating a profile and then add friends (within the network), discuss, chat, etc. In August 1996 a company called My Space launched a website a social media site. I don't think l need to go in-depth into it's inner workings.

Documentation
Before i created the website i documented the idea and sent 2 sealed letters to myself and they remain with me and date stamped by the Post Office. In terms of the website l have copies of the website and it is fully documented and timestamped. The websites launch was covered by a local newspaper and the (1) imagery clearly shows the website with 'myspace' plus (2) a description of the service. Finally the site can be found on the internet Way Back When machine. Here are 4 independent and verifiable sources.

Timeframe
Why have a waited 16 years to do anything about this ? I was, until late, a the Owner of a successful UK design agency for the past 11 years so that has taken up most of my time. I have now sold the business so l am looking to take this forward.

Action To Date
To date i have written to the companies Head Office asking them to discuss the matter. This letter was sent recorded from the UK, so therefore l know it was delivered and signed for, however l have had no response. MySpace is now owned by Specific Media Group and l have emailed them a copy of the letter and asked them to start dialogue but heard nothing.

Essentially what l am asking is do l have a case against MySpace in any legal way ? I do understand that the name, logo or website was not legally copyrighted or trademarked however i believe a case maybe there to answer too.

At this stage l am seeking advice and assistance so that l know the chance of success plus what would be the next appropriate course of action.

Thank you in advance for any and all help.

 

[army judge]

Don't expect anyone to ever answer your letters. Why? They have no obligation to respond, nor do they owe you any legal duty to do so.

You need to discuss this with a lawyer in the UK or Beverley Hills.
Even if you could prove your assertions, I don't see success for you.
Your parents, possibly, you doubtful.
At age 14 you weren't a legal person, nor were you legally competent.

Those testers you allege to have mailed to yourself, meaningless.

Good luck.

 

[Michael Wechsler]

IMHO and without knowing more, you have no case at all against MySpace and I am guessing they probably aren't taking your letter seriously. To begin, the doctrine of "laches" may apply which basically stands for the proposition that you can't sit around for a decade and let someone conduct business without objecting or filing a lawsuit -- and then object long after the claim has become stale. You'd likely have no claim for trademark protection, at least under U.S. law and probably elsewhere, because I don't see any indication that you used the word in commerce. In addition, there is no indication to me that this was the name of your website and that the term was probably used as a description, not as a trade name to designate the origin of a product. MySpace.com operates a well known site which, if others used the same name, would cause a likelihood of confusion in the marketplace. If you could not establish that another site created the same likelihood of confusion, you wouldn't have a trademark claim. Copyright - I don't see how you have a basis for a claim. Sending a sealed envelope to one's self usually accomplishes nothing other than a date when something was created. MySpace did not infringe upon your work of authorship, unless you could show that they copied your design and code.

In my humble opinion, one of the best ways to indicate a likelihood of success is to ask yourself whether if you were in the shoes of the other party, you'd laugh at such a claim. Answer this -- what are your damages? If you can't produce them, e.g. MySpace ran you out of business by making it impossible to conduct a bona fide operation and effort, then you have your answer as to what the proceeds are for winning your case.