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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4966
Experience:  Spanish Attorney
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company copied my design ideas

Resolved Question:

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?

Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi

Abogado3044 :

The first thing to do its to know if you have registered your designs

Customer:

Hi,

Abogado3044 :

If you have registered them the second thing to do its to demand they for the ilegal use of your propiety

Customer:

all my greeting cards with an copyright sign at the backside and with my name and also registered since 2007.

Abogado3044 :

Well

Customer:

I sell my greeting cards since 2007 in my own company

Abogado3044 :

Then you have to considerer to contract a local attorney where the person to demand resides and demand him in court

Customer:

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.

Abogado3044 :

Well

Abogado3044 :

Then the best way its to contract a US lawyer

Abogado3044 :

And the demand will be in US

Customer:

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?

Abogado3044 :

Sure

Abogado3044 :

The demand has to be done in the place where the demanded person resides

Abogado3044 :

No matter where do you live

Customer:

But now I living in Spain and also my company is a spanish company.

Customer:

I´ve tried to contact an german lawyer. But the german law is completely different in this case than in USA.

Abogado3044 :

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

Customer:

So it would be Spain?

Abogado3044 :

No spanish or german attorney could manage, it has to be managed in US

Abogado3044 :

No, Spain neither

Abogado3044 :

Use this site to get an attorney in US

Abogado3044 :

http://www.lawyers.com/

Customer:

But this US Company who was stealing my design has also dependances in Germany and Netherland too.

Customer:

So sorry but my english are not sooooo good ;-)

Abogado3044 :

But the main company, the roof it is in US

Customer:

Yes

Abogado3044 :

Mine its horrible ;)

Customer:

Thanks

Abogado3044 :

I am spanish

Customer:

Great! I learn now any week dos dias espanol ;-)

Abogado3044 :

I could help with that :)

Customer:

But you are in the US?

Abogado3044 :

No I am in spain

Customer:

Yes and no. Thank you. But I don´t know how would be the possibility to get in contact with an US Lawyer?

Customer:

And also it is a question of how much it will cost?

Abogado3044 :

It is no so hard Use the link http://www.lawyers.com/

Abogado3044 :

There are the most lawyers in US

Customer:

Thank you. Just one question more please...

Abogado3044 :

And you can filter the language the lawyer will speak also

Customer:

Do you know how much it will cost ?

Customer:

In Germany its always in this case usually to pay in advance doen´t matter if win or lose...

Abogado3044 :

The market its no regulated, freedom to put the price for your time

Abogado3044 :

So, ask for several budgets

Abogado3044 :

Most cases the attorney will ask money in advanced and more if he wins

Abogado3044 :

Another chance its to offer a big account but working by success I mean he will get the money if he wins

Abogado3044 :

You can deal that

Customer:

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:

Abogado3044 :

I see

Customer:

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

Customer:

is there any possibility to contact an lawyer by phon?

Abogado3044 :

The money you could demand its according the price they had to pay you if they would ask for your right

Abogado3044 :

Sure, in the site provided all of them have the phones

Abogado3044 :

Find one attorney of the place where the company resides

Customer:

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?

Abogado3044 :

Sure

Customer:

not how much - so sorry - how many cards they sold in the meantime...

Abogado3044 :

The judge will demand the accounts

Abogado3044 :

And the profit gotten

Customer:

In all countries in which they are selling?

Abogado3044 :

A part of this profit will be for you

Abogado3044 :

Yes, in all of them where the fraud has been made

Abogado3044 :

In most cases a agrement between parts its the exist

Abogado3044 :

exit

Customer:

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?

Abogado3044 :

In US fraud its very hard, so they will want to make the agreement

Abogado3044 :

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

Customer:

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

Abogado3044 :

Consulates have list of attorneys who colaborates with them and their citicens

Abogado3044 :

Yes, that it is, better in US

Abogado3044 :

Even if you contract a german attorney workin there, the consulate will help you to find him

Customer:

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.

Customer:

help me...

Customer:

so sorry for the mistakes in my writing

Abogado3044 :

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

Abogado3044 :

I have more mistakes, do not mind them please

Customer:

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.

Abogado3044 :

Thank you

Abogado3044 :

You could reach me anytime here in this site or in the spanish site of justanswer

Abogado3044 :

I gently ask you for a good rate of my service, if you do not do it the site do not pay me :(

Customer:

Great. Thank you and have a really good time and enjoy the day or evening wherever you are at this world.

Abogado3044 :

Thank you, have a good day

Customer:

Of course I will do and Iike it to do ;-)

José M., Attorney
Category: European Law
Satisfied Customers: 4966
Experience: Spanish Attorney
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