Legal Question in Intellectual Property in California

Please advise.

I designed a retail package for the 'A' company in 2009. The 'A' asked me to redesign his line of products (computer software: this company have offices in Irvine, the headquarter is inArizona). I gave a quote for redesign fee for the whole line; however, the 'A' doesn't have budget for re-design the whole line so he asked me to give him discount. So, I told him that I can redesign just 1 package and then he can ask his designer to carry it through out his line, this will be cheaper. He agreed and signed the contract. I complete the look-n-feel for the package. Since it is very close to 2009 CES show, the 'A' company needed the package rendering and sale sheet for the CES exhibit so I gave it to them. At the CES, I actually met the president which was also my main contact and asked what is the next step for finishing the package. He said the front/side/top/bottom of the package is fine and will supply me the info of the back for completing the package. However, he didn't. I think his intention was if I am not finished the package, I can not charge him for it. Through many emails and phone calls, he still wouldn't supply the info; therefore, I converted the package fee into hourly fee, took him to small claim court, and got a judgement. I am in process of collecting the judgement. So I actually sent him a final notice that I will request a Writ of Execution to levy his company's bank account. He called me back and told me that he has closed all offices in California and nothing I can do to collect the judgement money because his company is now out of state. Furthermore, I went onto his website and found out that he had used my package design and carried its concept through all the line of his products. This is a copyright infringement. Here are my questions:

1. Should I file a lawsuit? And is it worth it?

2. How do I calculate the amount?

3. As a moral issue, at least I can teach him not to rip off other designer in the future.

4. This case need to have an IP lawyer, are there any lawyer out there charge on contingency basis?


Asked on 9/15/10, 4:32 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Maybe. Your judgment is collectible in all states Possibly you could sue him again for the other uses of your design. Or he could claim the first judgment covered his right to use the materials. You should have involved a lawyer earlier.

2. I would base the amount on his profits, which is a fact you would have to learn through discovery in your lawsuit.

3. Forget the moral issue.

4. No.

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Answered on 9/20/10, 4:43 pm


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