Intellectual Property Infringement

[Leiahi]

I'm about to bring an action soon....
Looking for any experience (of the panel) in this area.

FYI, no, I didn't copyright the darn thing (US Office/Agency), but an old account of mine has taken it to the limit selling my stuff! I called some laywers for info...was told to send a cease and desist letter, ask for a permanent injunction, and sue for damages. On the retail side, that's worth 200K + +.....at this point all I can get is the damages. I can use suggestions on proving/determining "intent" for commercial gain. Also, should I take this to my court first before theirs? Has anyone done it this way? ...Speaking common law court....They got a NbWC in 2004 and ignored.

Part of my "design" also includes copyright works that I've paid for. There are NO other with creations like these, I am the ONLY one. I'm not giving over to let a former "account" take my rewards. It's a simple t-shirt. I think I'm the only one left producing with a four color process.....A t-shirt, you say!? It may sound silly, but it's the biggest business in the world. I have contacts, who've helped me with this idea and product, that come from across the nation, in Science and Education, in business with NASA, and in association with every Observatory in the world...these are no peanuts!

Can anyone contibute to this....?

[joseph sugarman]

Originally Posted by Leiahi

I'm about to bring an action soon....
Looking for any experience (of the panel) in this area.

FYI, no, I didn't copyright the darn thing (US Office/Agency), but an old account of mine has taken it to the limit selling my stuff! I called some laywers for info...was told to send a cease and desist letter, ask for a permanent injunction, and sue for damages. On the retail side, that's worth 200K + +.....at this point all I can get is the damages. I can use suggestions on proving/determining "intent" for commercial gain. Also, should I take this to my court first before theirs? Has anyone done it this way? ...Speaking common law court....They got a NbWC in 2004 and ignored.

Part of my "design" also includes copyright works that I've paid for. There are NO other with creations like these, I am the ONLY one. I'm not giving over to let a former "account" take my rewards. It's a simple t-shirt. I think I'm the only one left producing with a four color process.....A t-shirt, you say!? It may sound silly, but it's the biggest business in the world. I have contacts, who've helped me with this idea and product, that come from across the nation, in Science and Education, in business with NASA, and in association with every Observatory in the world...these are no peanuts!

Can anyone contibute to this....?

There is so much you fail to tell us about the situation. Such as (1); was there a contract? Was it written or oral? Is the old client selling goods or ideas you sold to them? Are they taking your designs, re-working them and selling a new product? How do you know the value is $200,000.00? I do not quite understand the part about copyrights for which you have already paid, and how it is pertinent to this problem. Pehaps you can explain in more detail. Also, please decode NbWC.
The two actions which you want to research immediately are: Assumpsit in Quantum Meruit and Quantum Valebant in Assumpsit. Both actions sound in Contracts. Quantum Meruit, very loosely translated, means a person is worthy of his hire and is required to be paid per any contract, written or oral. Quantum Valebant, very loosely translated, is compensation for goods used by others, owned by you, and delivered to them, but not paid for; which are being used by them to unjustly enrich them.
The nice part about a Quantum Valebant claim is that it also sounds in Equity, which gives you lien rights almost immediately; whereas the other claim that sounds only in Contracts does not.
Do you know enough law, and your way around a law library to do you own research, and write you own petition?
You may well have the right to petition for actual damages, special damages and punitive damages. Of course, I do not know what state you are in; and that could make a difference.
If you want to contact me, go to my profile and send me an email with your phone number. I will be happy to call you to see if I can be of help. Joseph Sugarman, design@dream-home.com

[Leiahi]

Originally Posted by joseph sugarman

There is so much you fail to tell us about the situation. Such as (1); was there a contract? Was it written or oral? Is the old client selling goods or ideas you sold to them? Are they taking your designs, re-working them and selling a new product? How do you know the value is $200,000.00? I do not quite understand the part about copyrights for which you have already paid, and how it is pertinent to this problem. Pehaps you can explain in more detail. Also, please decode NbWC.
The two actions which you want to research immediately are: Assumpsit in Quantum Meruit and Quantum Valebant in Assumpsit. Both actions sound in Contracts. Quantum Meruit, very loosely translated, means a person is worthy of his hire and is required to be paid per any contract, written or oral. Quantum Valebant, very loosely translated, is compensation for goods used by others, owned by you, and delivered to them, but not paid for; which are being used by them to unjustly enrich them.
The nice part about a Quantum Valebant claim is that it also sounds in Equity, which gives you lien rights almost immediately; whereas the other claim that sounds only in Contracts does not.
Do you know enough law, and your way around a law library to do you own research, and write you own petition?
You may well have the right to petition for actual damages, special damages and punitive damages. Of course, I do not know what state you are in; and that could make a difference.
If you want to contact me, go to my profile and send me an email with your phone number. I will be happy to call you to see if I can be of help. Joseph Sugarman, design@dream-home.com

Yes, of course it's contract, written, servered after expiration. They were an account of mine, now taking over my business (by copying and redistributing for commercial purposes) and cutting my profits. Tell me that is NOT infringing. The value, I estimated by using the instruction on a misdemeanor and felony infringment case. It's quantified by the "retail" value. See the link below (DOJ), "NbWC" means Notice by Written Communication in regards to my name and my property, i.e, my shirts. The "copyrights already paid for" means, I used a copyrighted works within my own works that I PAID for, in full... That's double whammy for them if their use is proven true. This is what I have been reading on: And I've only just begun....

http://usinfo.state.gov/products/pubs/intelprp/fair.htm
and: http://www.usdoj.gov/criminal/cyberc...arch2001_1.htm

I can do my own petition, but I'd like more input and possibly use a lawyer in this instance...I feel its better leverage for the Copyright and Intellectual Property Rights protection. Besides, my business is in my fiction name anyway. I have my calls out.

I'd really like to hear more about his Quantum Valebant, since there are damages by infringment, I have an interest in the "equity" of it. Thank you sugarman.