Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
hello. you could prepare a case against them and "might" be able to file a lawsuit while your copyright application is pending but the law is not clear on whether a pending application is enough for filing a copyright application. The standard rule is that there must be a registered copyright when filing a copyright lawsuit, but some courts/states allow for a copyright lawsuit to be filed based on a pending copyright application. So your attorney can take a look at that issue before filing a lawsuit. You should consult with a copyright litigation attorney and see where you stand and perhaps begin preparing the case or send out a cease and desist letter etc
let me know if you need clarification.