Each situation is different.  You will likely need a work-for-hire, intellectual property assignment, non-disclosure and non-solicitation agreement.  

You will need to decide if you want to hire the person as an employee or if it makes more sense for them to work as an independent contractor. This decision depends on a number of factors. Your hiring decision can impact: your tax liability; insurance requirements; intellectual property rights; and, rights and obligations as an employer or contractor. 

Cross licensing, equity, joint venture and partnership agreements are some alternative possibilities. 

Contact Peter A. Koziol. Some cases are worth fighting while many others can be resolved for a relatively small amount or no payment which is often less than it would cost to respond in court.

If you contact Mr. Koziol early enough, it is possible in some cases to settle bit-torrent and file sharing cases without revealing your actual identity. This cannot be done once your ISP answers the subpoena.

If Mr. Koziol is representing multiple defendants in the same case on the same issue, depending on the circumstances, fees and expenses can be split among multiple defendants. 

If you do not timely respond your identity will likely be revealed and lawsuit filed against you.

If you fail to respond to a lawsuit a default and final judgment may be entered against you.

It is important to consult with and retain Mr. Koziol or another attorney to properly document any settlement, and defend you in a copyright infringement lawsuit.

Click here for the video answer.

In most cases, each party pays its own attorneys’ fees. However, attorneys’ fees may be recoverable as provided for by law or contract. For example, attorneys’ fees can be recoverable in copyright, patent, trademark, misappropriation and other cases. 

Even when not otherwise provided for by statute, for frivolous cases Florida law provides a mechanism that can require the plaintiff and the plaintiff’s attorney to equally pay the defendant’s attorneys’ fees and costs.  

Where the case is not frivolous, but a plaintiff is seeking more than the amount which they are entitled, in some cases an offer of judgment can shift the liability for costs and attorneys’ fees. With regard to Florida claims, a plaintiff can also make a demand for settlement which can shift the attorneys’ fees and costs if a defendant refuses to accept a reasonable settlement demand. 

Generally, an original seller of goods warrants that the goods they are selling are free from colorable claims of infringement. 

The seller is exempted from the implied warranty if they expressly disclaim the warranty, or if the goods were made to an express specification of the buyer.

If the buyer promptly and properly notifies the seller of a colorable claim of infringement the seller must agree to vouch in for defense of the lawsuit and satisfy any adverse judgment or the seller will be bound by any adverse decision. 

For more about implied warranties against infringement and infringement indemnification defenses click here.

If the case is in Federal Court and was initiated without a reasonable pre-suit investigation there may be a basis for sanctions, which could include require payment of attorneys’ fees.  

If it is a state law claim there may be an independent basis for sanctions, or a Motion to Strike Sham pleadings.  

Generally, these types of motions for sanctions should only be brought after clear consideration and where there is no colorable basis for the other side’s claims.  

If a person gives false testimony in deposition, under oath, or in a declaration subject to perjury it is a crime.

Depending on the circumstances you might be able to: appeal; request a rehearing; or, reconsideration of the judges’ decision. 

Each possibility has a different legal requirements and strict filing deadlines. Mr. Koziol can advise which if any course of action is appropriate under the circumstances of your particular case. Generally, each possibility for has a better chance at success the more promptly action is taken.

To learn more about appealing the decision click here.

Most lawsuits are properly brought where the defendant resides.  However, some cases should be brought in the venue where the subject property is situated, the injury occurred, or the plaintiff resides.  

Different courts have different rules and may be statistically more plaintiff or defendant friendly. 

Some causes of action may only be brought in specific courts with subject matter jurisdiction. Also, some cases may be subject to mediation or arbitration. 

It is only after considering all relevant facts, that Peter A. Koziol, with knowledge of the different jurisdictional considerations, can best advise: where; how; and, when to bring a lawsuit.

Lawsuit filings are generally considered public record. 

State and federal rules protect against the publication of private information and filing of it in the public record.  

Depending on the circumstances, the party publishing the information should immediately withdraw or redact the offending papers and may be liable for any damages occurred because of their negligence or intentional disregard for the law. 

The sooner action is taken, the more likely harm and damage can be limited or averted.  Many states also have data breach and privacy laws that could subject a company to substantial penalties for unauthorized dissemination of private information.

If the information was published or distributed through a third party website or service provider, a properly channeled and prompt demand letter can often result in the immediate redaction or expeditious take down of the offending materials.

Click here for more about protecting your personal information on the Internet.

Depending on the circumstances you may be able to seek a Temporary Restraining Order ("TRO"), Preliminary Injunction ("PI"), or ex parte seizure of infringing goods. 

Typically, these types of actions require the posting of a bond, and a showing of four required factors: 1) irreparable harm; 2) likelihood of success on the merits; 3) that the balance of the interests favors the sought relief; and, 4) that the relief is not contrary to public policy. 

A PI can result in a substantial prompt victory for the Plaintiff and may resolve a case very early on, but it also front loads much of the litigation expense and therefore is not appropriate for cases where the expense is not justified. Although hearsay is generally admissible at a PI hearing, it generally is not advisable to seek a PI unless there is substantial credible evidence to support the four required factors.

For a video regarding immediate injunctive relief click here.

Registration is only required to create patent rights.  

However, registration of copyrights and trademarks provides for many benefits including presumption of validity and ability to bring statutory causes of action in court.  

Depending on the circumstances registration prior to infringement or within 90 days of publication may create an entitlement to statutory damages and enable recovery of attorneys’ fees and costs. 

Consequently, although it is not required, it is generally recommend that a person or company register their copyrights and trademarks as soon as possible. 

To learn more about registering patents, trademarks and copyrights in the U.S. click here.