Have European Law Questions? Ask a Lawyer Now.
I´m an german graphic designer and designend typographically greeting cards. I discovered that an huge company copied my design and used them for their own greeting cards - a whole serie of more than 50 cards - and selling the cards to the european market. Its my design copied more or less 1:1. What can I do?
The first thing to do its to know if you have registered your designs
If you have registered them the second thing to do its to demand they for the ilegal use of your propiety
all my greeting cards with an copyright sign at the backside and with my name and also registered since 2007.
I sell my greeting cards since 2007 in my own company
Then you have to considerer to contract a local attorney where the person to demand resides and demand him in court
the company who use my design is an american company and sells cards with my design in germany, switzerland, belgium, netherlands and great brittain too.
Then the best way its to contract a US lawyer
And the demand will be in US
I was living for just for 3 years in NYC. So my question would be: do I have an possiblity also to contact in this case an US lawyer - also if the US Companie sells my cards in Europe?
The demand has to be done in the place where the demanded person resides
No matter where do you live
But now I living in Spain and also my company is a spanish company.
I´ve tried to contact an german lawyer. But the german law is completely different in this case than in USA.
Well, I am an spanish attorney. The problem its that the international law says is that the place to demand is where the demanded person lives
So it would be Spain?
No spanish or german attorney could manage, it has to be managed in US
No, Spain neither
Use this site to get an attorney in US
But this US Company who was stealing my design has also dependances in Germany and Netherland too.
So sorry but my english are not sooooo good ;-)
But the main company, the roof it is in US
Mine its horrible ;)
I am spanish
Great! I learn now any week dos dias espanol ;-)
I could help with that :)
But you are in the US?
No I am in spain
Yes and no. Thank you. But I don´t know how would be the possibility to get in contact with an US Lawyer?
And also it is a question of how much it will cost?
It is no so hard Use the link http://www.lawyers.com/
There are the most lawyers in US
Thank you. Just one question more please...
And you can filter the language the lawyer will speak also
Do you know how much it will cost ?
In Germany its always in this case usually to pay in advance doen´t matter if win or lose...
The market its no regulated, freedom to put the price for your time
So, ask for several budgets
Most cases the attorney will ask money in advanced and more if he wins
Another chance its to offer a big account but working by success I mean he will get the money if he wins
You can deal that
mmmhhh... its to make an hard decision for me. But its my design. Friends of mine discovered it in the shops and everybody thought first it would be my design. But the cards are not from my company. One of the general manager of this US Company was at my both to the international Paperworld fair exhibition in Frankfurt and was taking my catalogues with and after 8 months later the showed new greeting cards all cards coped with my design 1:1:
My cards are at the market since 2007 and this company was going with this my design to the market as their "BrandNew" first in march 2012
is there any possibility to contact an lawyer by phon?
The money you could demand its according the price they had to pay you if they would ask for your right
Sure, in the site provided all of them have the phones
Find one attorney of the place where the company resides
ok. If they have to pay for the cards in this case more or less a licence for any card like if they would ask my before for the right - what is then with the cards what the sold in the meantime in all this countries? How would it be possible to find out how much card they have sold?
not how much - so sorry - how many cards they sold in the meantime...
The judge will demand the accounts
And the profit gotten
In all countries in which they are selling?
A part of this profit will be for you
Yes, in all of them where the fraud has been made
In most cases a agrement between parts its the exist
mmmhhh... one very delicate question, please: What would be the better choice for me: to chooose an US Lawyer or to choose an German Lawyer?
In US fraud its very hard, so they will want to make the agreement
For sure I will contract a US lawyer, but you also could ask in the closer german consulate to recomend one speaking german attorney there
when I understand you right in this case, when the US fraud is hard or harder than in Germany, so would it better for me to contact an US Lawyer
Consulates have list of attorneys who colaborates with them and their citicens
Yes, that it is, better in US
Even if you contract a german attorney workin there, the consulate will help you to find him
It has to be an patent lawyer. But I am not sure if an US Lawyer has also the possibility to hlep me in this case that they sold my cards in Europe. The company its an huge US Company with an long tradition. They are working worldwide.
so sorry for the mistakes in my writing
Its no matter where they sold out, they have to be demanded there, the profit it is for they, and they have to pay you
I have more mistakes, do not mind them please
Oh thank you. thats very kind of you. Its just easier talking than writing here in this small window in. But I think its a great service and I was really curious if I will get an answer here at this side and great: ist work! Thank you very much for your help.
You could reach me anytime here in this site or in the spanish site of justanswer
I gently ask you for a good rate of my service, if you do not do it the site do not pay me :(
Great. Thank you and have a really good time and enjoy the day or evening wherever you are at this world.
Thank you, have a good day
Of course I will do and Iike it to do ;-)