Jump to content
Venutian_Lures

What To Do In A "copying" Situation?

Recommended Posts

Be careful about naming names and making claims. You could find yourself being sued for defamation etc.

Exactly why I'm not releasing names. There is a little deeper reason to it as well, and some details I have not released for several reasons. If I'm right about these other "details", then this situation is much more serious and it would rock the custom tackle industry. If I'm wrong...I might as well just go live on Mars. 

So I apologize if people are anxious to know or mad that I'm not saying who it is...but believe me it's for a good reason that I am keeping my mouth shut.

  • Like 1
Link to comment
Share on other sites

I think we need to look at this two ways..as a civil case or a criminal case.Both are two different worlds.As Saltwater has pointed out..As a civil case you really don't have a case...Now as a retired Police Sgt...I can promise you that you would probably have a criminal case no matter what State you live in.If this individual is signing his ( her) work as you and attempting to pass themselves off as you..You have a fraud case..plain and simple...Now I'm sure this person probably lives in a different town than you..probably a different state..This is where the can of worms comes into effect...If I were you I would send the little bas#%#d a certified letter telling him to knock it off or your next call is to the District Attorney's office for fraud charges ...Nathan

  • Like 3
Link to comment
Share on other sites

I think I'm going to mix everyones advice together. Get my business name registered/trademarked if I can, send the certified letter...which hopefully takes care of it, and if it continues to negatively impact my business and reputation I'll take it a step further. Once again I'm not that concerned with the paint being copied, that can be set aside, but in conjunction with them being marketed with my name....grrr.

  • Like 1
Link to comment
Share on other sites

Nathan is correct but there is a third way to look at it.  You have the business side, the individual side (civil), and the criminal side and all three of these could cross paths. The only way to know all of your options is to go see a lawyer.  The lawyer may tell you to just send a letter or he/she might tell you that you have a case or he/she might involve other parties that this individual is wronging.  The first consultation will most likely be free, so you have nothing to loose by going and talking to one.  Unless you have a lawyer that you have dealt with then I would talk to a couple.  Good luck.

  • Like 1
Link to comment
Share on other sites

Nathan

you are right about the fraud case. Knowing what you do about police procedures maybe you could help her out privately a bit by advising her the proper way to approach the police dept. it can be a really uncomfortable experience for someone who hasn't done it before. I have been told by one officer that my case was civil and then I moved on to another and he quickly proceeded with a criminal case, so it helps to feel confident in knowing how to approach the situation and the lingo that is needed to get their attention.

Link to comment
Share on other sites

Nathan is correct but there is a third way to look at it.  You have the business side, the individual side (civil), and the criminal side and all three of these could cross paths. The only way to know all of your options is to go see a lawyer.  The lawyer may tell you to just send a letter or he/she might tell you that you have a case or he/she might involve other parties that this individual is wronging.  The first consultation will most likely be free, so you have nothing to loose by going and talking to one.  Unless you have a lawyer that you have dealt with then I would talk to a couple.  Good luck.

 

In My Opinion as a NON-Legal Professional:

 

Or the lawyer could milk it for what its worth to them.  I once called five different attorney's at five different firms and asked one question.  Do you have experience with, "XYZ type of cases.  Yes or No."  Every single one of them evaded the question and wanted to get me in for a billable visit first.  (Two of them I knew personally.)  I researched the issue, took action myself, and resolved it.  That may not be the best for every situation, but its something to think about.  

 

In My Opinion as a NON-Legal Professional:

 

One thing that an attorney can help you with (only after you pay them, if they are ethical, and they are good) is keeping yourself out of trouble.  In some jurisdictions for example it is not your choice whether or not a criminal charge is made against somebody.  It is the sole purview of the prosecuting attorney having jurisdiction.  In fact, in theory you could be charged for not reporting it even if you are the victim in some cases.  I have never heard of that actually happening, but its something to be aware of.  I had a prosecuting attorney tell me that.  

 

In My Opinion as a NON-Legal Professional:

 

All of the above is JUST MY OPINION and of course I am not an attorney, have no formal legal training, and am required to protect myself by saying, "You should consult an attorney for any legal advice."  Must be an attorney that made that happen huh?  

 

In My Opinion as a NON-Legal Professional:

 

If you should choose to go against the advice in the above paragraph then there are resources you can use in doing your own research.  The internet is full of opinions.  Some states have their statutes on-line.  Some local jurisdictions don't publish it for "^%*" reasons.  There are other reasonable resources, and your local county library may have a law section or even a separate law library.  They may try to block you from access as an individual as its not convenient for them, or restrict your access to unreasonable times.  In many cases you simply have to point out that you have the same rights to access as any other resident.  (In Yuma County they tried to restrict access to legal professionals.  One of my friends was so pushy about that unfairness he claims that they finally gave him his own key.)  

 

In My Opinion as a NON-Legal Professional:

 

In my opinion.  You have a valid criminal complaint and really not much else.  I would not threaten them with a criminal complaint.  It might be considered illegal coercion if your jurisdiction doesn't give you the right to decide whether or not a criminal charge can be filed.  I would just file a complaint with my state of residence and with theirs for fraud and identity theft.  I would also CC the complaint to your state FBI office.  They probably won't do anything, but you can hope.  Some agents I have dealt with have some concern for people as people.  

Edited by Bob La Londe
  • Like 1
Link to comment
Share on other sites

Just get a free consultation appointment set up.  I know dealing with a lawyer is scary but it is just a consultation and can give you peace of mind with what options you have.  A free consultation is not billable and simply asking that before you make the appointment will give you peace of mind.

  • Like 2
Link to comment
Share on other sites

Went to a lawyers office quite a few years back. The old guy hit the vintage timer as I sat down, then proceeded to explain his fee structure by pausing 1 to 1 1/2 seconds between each word. LOL. After about a minute or so I got up and walked out.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...


×
×
  • Create New...
Top