Legal Question in Intellectual Property in Massachusetts

Hello,
I own an accessory business that operates in an online marketplace. It has recently come to my attention that another individual has stolen my accessory concepts and designs and has also placed them for sale within the very same marketplace. The individual initially stole the product design and also the exact (100% copied and pasted from my store.) descriptive text, keywords, wording/phrasing that I used for my products. I filed a DMCA with the marketplace to have the items removed for blatant copyright violations and they removed the items temporarily.
The individual has filed a bogus counter-claim stating that my designs are "fair use" under copyright law. The actual product design being stolen is an exact copy of my item with an exact copy of my painted design on the product. With the mountain of pre-existing evidence of copyright violations that got this thing started... what are my options? Am I now forced to waste time and money and file an IP suit against this individual?
Thank you for your time!

Asked on 5/19/15, 3:51 pm

Jonas Jacobson Law Offices of Jonas Jacobson

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Is your IP registered with the copyright office? Call me if you want: 617-230-2779. ...this is a complex question.

Answered on 5/20/15, 12:13 pm

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