Legal Question in Intellectual Property in California

I have a company website which shows my products and completed projects.
The projects page shows photos of installations each with name and location.
A competitor has taken the photos and put them on HIS website, claiming that these are photo's of HIS projects.
Is there anyone out there who can handle this on a contingency basis?
thanks,

Asked on 10/02/09, 5:15 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Traditionally, a contingency fee arrangement is predicated on the lawyer getting a percentage of any recovery. This is reasonably easy for a lawyer to negotiate with a client in, say, a negligence case, where the client's dmages, injuries, etc. have a significant and known or provable value.

Here, your damages are probably more prospective than already-suffered, and you're probably more interested in getting a TRO and injunction than a specific and significant money damages judgment. I think this may be a problem. Also, good intellectual-property attorneys are busy and (as far as I know) not starving for work or fees. (I am not one of them).

The bottom line is, you might be better off paying someone a small flat fee to write a cease-and-desist letter. Then, if that doesn't get results, negotiate with the attorney who wrote the letter and/or a couple others; at that time, your case may be stronger or the issues and your damages more clearly defined.

Answered on 10/02/09, 8:02 pm

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