Help with copyright infringement - what to do??

[cp760]

A quick background:

I rent personalized lawn signs (storks etc) for special occasions as well as sell business opportunities to help other people start their sign rental business. With the business opportunities we sell completed signs and Do-It-Yourself signs. The DIY signs are the self-adhesive vinyl images and the customers apply the image to their own wood/plastic and cut their own signs out.

In the past we had the images printed by a company that I found online. After awhile we realized that their vinyls were very, very poor quality and the guy took forever to print/ship them and he never took responsibility for his mistakes. We then switched to a local printer and we're much happier.

Anyway, I was online last night and found a company on the lawn greetings forum that I visit and she had one of my signs (my fairy princess). I was confused because I know that I never sold vinyls or signs to that company before. I did some research and found out that our old printer is taking our files, making prints and selling them!!!

He is profiting off my copyrighted images! What I want to know is what do you feel the first steps should be? Right now I am gathering proof from the lady who purchased it (her receipt from the printer, any emails etc). I plan on sending a certified letter stating what is going on as well as my copyright number etc. and a demand to be reimbursed within 14 days.

Does that sound like the right way to take the first step? Another question is do I only demand that he pay for the image that I have the proof of right now (we sell them for $150) or would it be more appropriate to demand more money simply for the fact that he is printing illegally and there is no telling how many of my images he's sold.

Any advice at all would be very much appreciated. I am in the beginning stages of this and I want to handle it properly. I would like to avoid attorneys/court if possible.
_________________
Carrie

Sweet Greetings, Inc.: www.Sweet-Greetings.com
Sweet Greetings Blog: http://sweet-greetings.blogspot.com
"Why Dylan Doesn't Talk": http://www.SelectiveMutismBook.com

[mompren-ellen]

Wow, Carrie. I assume that you have copyrighted these through the US Copyright office? You will need that if this progresses to court for any reason. It sounds like you have...good for you. Some people skip that step. I am by no means a lawyer, but the very first thing you need to do is send a cease and desist letter. It really should come from an attorney; but if you want to save $ you can probably draft one yourself using models you find at nolo.com. Then the second step is to figure out what type of compensation you require. At the very least, he owes you for the value of your designs.... ,

I'm interested in what others say here... But I think the most important thing is to get him to stop...
_________________
Ellen Parlapiano and Pat Cobe are authors of Mompreneurs(R): A Mother's Practical Step-by-Step Guide to Work-at-Home Success (Perigee; 2002) and Mompreneurs(R) Online (Perigee; 2001)

[cp760]

Thank you for posting the nolo web address!
_________________
Carrie

Sweet Greetings, Inc.: www.Sweet-Greetings.com
Sweet Greetings Blog: http://sweet-greetings.blogspot.com
"Why Dylan Doesn't Talk": http://www.SelectiveMutismBook.com

[tumaini]

I am no lawyer either but I would second what has been said already. In addition, it sounds like you're on the right track. Did you sign any contracts with him? If so, go back and carefully read them again to see if there are any sections that allow him to do what he's doing. I would also file a complaint with the Better Business Bureau and the Chamber of Commerce where he does business.

Now, I, personally would approach the customers as well and politely explain to them that they are purchasing stolen property (if you've gathered enough evidence to prove that he is).

Also, some law firms provide pro bono work. I'm not sure where you live but here in California (Los angeles) there is a California Lawyers for the Arts organization that helps artists find lawyers and file/settle disputes. They have a program that helps you to find lawyers who do pro bono (free) stuff.

If you can't afford a lawyer, try contacting your local university's law school and ask a law professor for help.

Keep us posted in case any of us ever have to go through this.
_________________
TUMAINI RIVERA
Mom, Wife, Artist
www.flippinfactory.wordpress.com
Twitter: @flippinfactory
FaceBook: Flippin' Factory

Follow my Capricorn life:
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Twitter: @breastmilk
Facebook: Tumaini Rivera

[mompren-ellen]

Excellent suggestions, Tumaini!

El
_________________
Ellen Parlapiano and Pat Cobe are authors of Mompreneurs(R): A Mother's Practical Step-by-Step Guide to Work-at-Home Success (Perigee; 2002) and Mompreneurs(R) Online (Perigee; 2001)

[Diana]

Hi

WOW!!! That is just wrong on so many levels. I would do everything you can to get him.

I wonder if you before you proceed could send someone in to catch him doing it. Not sure you'd need the proof, but boy it would feel good to say, "WHAT ARE YOU DOING?"

Good luck!

Diana
_________________
Diana Ennen - Author, Virtual Assistant the Series & So You Want to be a Work-At-Home Mom
Publicity Expert - Virtual Word Publishing
http://www.virtualwordpublishing.com
http://www.twitter.com/dianaennen

[TexasCPA]

Sorry to hear that is happening to you. Unless you sue, I don't think you will ever see a dime. And even then, it is unlikely you will get any compensation.

The best you can hope for is to get him to stop. Send the cease and desist letter. Sometimes it carries more weight if it comes from an attorney. People tend to take things like this a little more serious if it is on an attorney's letterhead.

Best of luck.