Intellectual Property Law

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My name is ***** ***** and am researching copyright. Someone…

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Hello my name is...

Hello my name is ***** ***** and am researching copyright. Someone has plagiarized my company's educational materials. I am in the process of registering with copyright.gov and am trying to find out if i could sue for damages even though our materials are not registered yet.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Our company holds educational exam prep classes. one of our previous students or someone else has created an e-book with all of our materials. it was being sold on a website that is down for further notice. I was able to download it from amazon kindle for double the money. i need to identify the person and hop fully get some restitution.

Lawyer's Assistant: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Intellectual Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?

Yes

Submitted: 2 years ago.Category: Intellectual Property Law
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Answered in 8 minutes by:
12/23/2015
IP Lawyer: Alex Reese, Lawyer replied 2 years ago
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified

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

.

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IP Lawyer: Alex Reese, Lawyer replied 2 years ago

let me know if you need clarification.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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