Legal Question in Intellectual Property in Florida
Website and businees model theft
I (my company) have created an information, attorney referral and service based business & website which was copied by a person who wanted to be a part of our company. I subsequently found out about his extremeist and patriot dealings, and our attorneys also found that he is on the run from state and federal law enforcement, and the IRS, so we decided not to continue a relationship with him and severed all communication with him also due to severe violations of our business ethics, rules, policy and procedures. This thief has actually copied our site almost word for word, used our copyright, trademark & name, logos, electronically signed and watermarked documents, text, intellectual property, and other 'works' without authorization which we feel dilutes our trade name and business. We sent him a cease and desist letter today and threatened a law suit/injunctive relief. My attorney advises me that he will not go after this guy as he is a drifter type of person and has many 'pro se' cases under his belt. The lawyer's attitude is that it will be a nightmare and expensive. Any suggestions as to how to proceed? Even if we obtain a court order or judgment, how could we enforce it against this kind of whacko?
1 Answer from Attorneys
Re: Website and businees model theft
Your problem is that you are being harmed by someone without the means to compensate you for his copyright infringment. Your best bet is to just pursue an injunction requiring him to take the site down. enforcement can be a problem. you may be entitled to damages, but your attorney is correct, pursuing that avenue will be expensive and may not produce any recovery for you.
Alan Wagner
www.wagnerlaw.com
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