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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 38116
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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My business partner and I have been selling a program using

Customer Question

My business partner and I have been selling a program using the phrase Ultimate as our brand since December. We started with the Ultimate Gift, Then Ultimate Valentine, then Ultimate Access. We're now selling a program called Ultimate Summer.
Here is the copy:
www.ultimatecreations.net

We recently did a tele summit where we wrote our copy: www.youwealthrevolution.com/lovenow

Two months ago, I also pitched them the following idea and have the email chain to prove it:
21 Day Remote Energy Transmission

Jarrad is renowned throughout the world as one of the top remote healers on the planet today. Experience his light activations and the unlimited energy of creation while you are bathed in the Creation Formula Frequencies and the Energy of Infinite Divine Love for 21 days.

Jarrad will immerse himself in the field every day for 21 days, working to create the most expansive, SUSTAINABLE shift you've EVER EXPERIENCED by remotely working on EVERY SINGLE INDIVIDUAL, EVERY SINGLE DAY!

Gain the benefit of daily sessions at a fraction of the cost.

Get 21 Full days of remote healing and energy access PLUS total field immersion where you will be embraced by the energy of Grace and Love as the frequencies of The Creation Formula bring everything to the surface that you are ready to release, heal, and balance.

They asked me to do it immediately, and I said I needed to wait until Fall.
Now, it appears they have pitched MY idea to someone else, and are using almost the identical program and wording -
here is the copy:
http://youwealthrevolution.com/Awkn2013/offers/Panache2/

Do I have grounds for copyright infringement and how can I file a cease and desist?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

This might not be copyright infringement, at least not exactly. Did you end them your idea with an NDA (Non Disclosure Agreement) attached and/or signed by them?
Customer: replied 1 year ago.


No. There was not an NDA, but the fact that we've sold the program for five months - including twice on their show - and its been published on the web in various incarnations should make it our intellictual property, shouldn't it? Plus, they basically stole the whole outline and theme. It's the same program top down, just with a different guy doing it.

 

You've got to read the copy. They stole phrases and words we've been using.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Jarrad.

If you never formally copyrighted the program and provided it to them, they can argue that you transferred the license over to them for their own use (at least that is what they can potentially argue if your idea came to them essentially unprotected). There must still be a claim or some direct link stating that this was 'yours' and not meant to have been shared or disseminated with others. Your own words or comments--that IS your intellectual property, and that cannot be used without your permission...but using a program whose design was never patented, protected, or copyrighted is a bit of a different story. The same goes for the outline and the theme--if you never protected it or stated that this was yours and you did not wish to transfer any rights to anyone else, they could potentially take the idea, re-brand it, and get someone else to pursue it. You can still file a 'cease and desist' against them, but without any evidence that the information was supposed to have been kept as yours, they have legal wiggle room to claim that they were not infringing. As for how to file for a cease and desist, that is not a petition--you send them a letter, usually via an attorney, demanding that they cease. If they fail to do so, you retain counsel and file against them for damages and also seeking an injunction, which is a temporary stay order blocking them from selling this new product on their own.

Good luck.

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