The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection. It is not a substitute for registration.  

You may be able to move to dismiss or transfer the case on the basis of lack of personal jurisdiction and improper venue.  

In order to succeed in a motion to dismiss for lack of personal jurisdiction you need to show that your company lacks sufficient general and specific contacts with the forum such that the court’s exercise of jurisdiction over your company would not comport with traditional notions of fair play and substantial justice. 

It is generally sufficient for the plaintiff to show that the accused knew that the plaintiff resides in and would likely be harmed in the forum state.  However, if the defendant’s sole contacts with the forum are tenuous or it had no reasonable expectation of being haled in to the forum to defend a claim, the case against it should be dismissed or transferred to a proper venue.

To see more about dismissing a lawsuit for lack of personal jurisdiction or improper venue click here.

Preserve all documents relating to the accused infringement.  This includes, but is not limited to accused products, product specifications, sales records, profit statements, correspondence with customers, emails, invoices, advertisements and bank statements.  Failure to do this could result in claims of spoliation and sanctions for destruction of evidence. 

Then, contact Peter A. Koziol, Esq. at 561-235-0725.

Depending on your business insurance, you might also be able to file a claim with your insurer. 

Depending on the circumstances you may want to cease sales of the accused infringing products, but this is not always required or the best strategy.

Your supplier or the original seller may have a duty to indemnify you.  

To learn more about infringement defenses click here.

There are many things to consider. For example, in no particular order you may: 1) form a legal entity to limit your liability; 2) register your intellectual property; 3) structure your business so it qualifies for government programs and grants; 4) have a written agreement with business partners or associates as to how the business will be conducted and owned; 5) verify that your business is properly licensed and does not infringe the intellectual property of others; 6) seek financing; and/or 7) register your business with the Internal Revenue Service.  

Forming a new business is a simple process, but implicates many legal issues that are dependent on the specific business being formed. A business lawyer can guide you through these processes and help you establish a strong legal foundation for your new business. Consequently, it is important to consult with an experienced business attorney early in the business formation process.   Failing to do so may result in lost opportunities and costly errors that may or may not be correctable later. 

With the exception of small claims litigation, arbitration and some administrative claims, for most lawsuits, only a licensed attorney can represent your company in court. Even though it is not always required, even in small claim cases, administrative actions, and arbitration it often makes good sense to retain an attorney. 

I have seen arbitration involving millions of dollars, and small claims cases where the non-prevailing party had to pay tens of thousands of dollars in fees, interest and costs. Having experienced trial counsel that is familiar with the law and rules of court can save you a great deal of time, money and stress.  

The best practice is to talk to a business litigation attorney as soon as you learn of a lawsuit or legal action, so that the attorney can advise as the best steps to protect you and your interests.  Many attorneys provide a free initial consultation.  Most cases resolve without going to trial. 

You may or may not want to pursue patent and/or trade secret protection.  Time is of the essence for applying for patent protection.  You may forfeit your right to patent your invention if your invention is publicly disclosed, another inventor files first, or you do not otherwise timely file. 

While there are many attorneys throughout the United States, only Registered Patent Attorneys are authorized to provide legal advice and file patent applications before the United States patent and trademark office. Registered patent attorneys account for less than 3% of lawyers. They are required to have at least: a bachelor’s of science degree in core science; engineering; or, the equivalent; received a Juris Doctorate degree from a state approved law school; passed their respective state’s highest bar; and, passed the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office – which is frequently called the patent bar.  

If you have an invention that you want the right to exclude others from making, selling, offering to sell or importing --  you should speak with an experienced patent attorney. 

For the video answer click here.

The Internet Corporation for Assigned Names and Numbers Uniform Domain Name Dispute Resolution Policy (the "UDRP") and United States Anticybersquatting Consumer Protection Act (the "ACCPA") provide remedies  against bad faith registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. 

In many cases, an UDRP proceeding is faster and less expensive for trademark owners than an ACCPA lawsuit. However, many trademark owners prefer to bring ACCPA claims over an UDRP arbitration because the U.S. federal court is empowered to provide remedies other than the cancellation or transfer of the domain name. 

Only pursuant to an ACCPA action may a trademark holder recover statutory damages, attorneys’ fees and injunctive relief. Statutory damages include up to one hundred thousand dollars per domain name for bad faith registration, and two million dollars for the use of a counterfeit mark. Additional remedies may be available. 

To learn more about domain name disputes click here.

No. 

There is no such thing as an international trademark registration.  

However, the Madrid Protocol provides an efficient and cost effective means to apply to register a trademark in multiple nations with a single application.  

For the video answer click here.

No.  However, the Patent Cooperation Treaty provides a means to preserve the right to register a patent in multiple nations with a single application. 

A PCT patent application can share the benefit of an earlier filed applications’ filing date provided that the PCT is filed within a year of the prior U.S. or foreign application and shares substantially the same disclosure. 

In most countries, an applicant has either 30 or 31 months from the earliest priority date to file a “national” phase patent application based upon the PCT application.

For the video answer click here.

It depends upon your agreement the customer.  Many of these types of cases can be resolved by a simple demand letter to the customer from an attorney. In other cases, it may require the filing of a lawsuit.  

You may want to consider requiring in your contracts and forms that your customers agree to pay all reasonable attorneys’ fees in the event they fail to pay you timely as agreed. Call Mr. Koziol to discuss the benefits and disadvantages of including attorneys' fees and cost provisions in your contracts.