Legal Question in Criminal Law in Georgia

Fraud and Copyright Infringement

I own a small business in Illinois. Received a call today from a �would be� customer in Georgia who wanted to know about their order and when it would ship.

Alarmed with no sales rep in Georgia or around the Southern US, the customer claimed a husband and wife team was representing themselves as a member of my company, even directing this client to my website � selling my product. This couple even took an order, in person.

I asked the customer what method of payment was given. Customers� partner paid so payment is unknown at this time.

A few questions; where do I go to stop this couple from 1) using my good company�s name and representing themselves as such, 2) using my copyrighted products (perhaps they have found an external supplier to market my designs?) 3) Cease all activity?

Is this fraud and potential copywrite infringement? Who do I contact and what steps do I take to shut this team down immediately?


Asked on 11/16/04, 8:44 pm

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Fraud and Copyright Infringement

In addition to what Mr. Lyon had to offer, you might want to explore criminal prosecution. A thorough review of the couple's activity may reveal a violation of the criminal law such that you could prefer charges. An arrest and criminal prosecution may have a more immediate effect than the civil cease and desist route, although both should be pursued. Both can be pursued simultaneously.

Jim Hough

770-607-5300

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Answered on 11/23/04, 9:19 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Fraud and Copyright Infringement

If they are violating your intellectual property rights, than you should have an attorney send them a cease and desist letter. If they continue the violation, you may sue for damages. I'm not sure if there is any real way of stopping them from representing themselves at this point. If it continues and you have proof, you can file a restraining order.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 11/19/04, 11:27 am


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