Legal Question in Intellectual Property in Massachusetts

Re: Can i sue for violations?

Probably not, no. You need to put in place asap whatever protection may still be available to you, then you might, at least, be in position to protect any rip-offs of boards you intend to distribute/sell in the future (limiting your exposure to those already out of your hands).

There may be some other options available after obtaining protection, such as sending notice to the distributers. etc., informing them of the new protection and cautioning against any wrongful infringement, etc. of your new rights. But this may not truly protect you or be legally enforceable as against those who already have your goods in their hands. The 'scare tactic' alone might provide you some protection, however.

Obtaining adequate and apprpriate IP protection is relatively inexpensive and not overly complicated to do. But it must be handled correctly and done well.

Feel free to contact me directly for this kind of help.

Re: Can i sue for violations?

Quite likely that you can at least stop the copying of your "how to" guide as this is straightforward copyright violation. However, your failure to timely register your copyright means that your available remedies are (i) an injunction, and (ii) your actual damages from the infringement; you are not entitled to attorneys' fees nor statutory damages. You likely have no remedies for copying your board design. And, sadly, bringing suit means a federal lawsuit which is likely to cost you much more than you can expect to recover in damages.

Best wishes,

LDWG

Re: Can i sue for violations?

Quite likely that you can at least stop the copying of your "how to" guide as this is straightforward copyright violation. However, your failure to timely register your copyright means that your available remedies are (i) an injunction, and (ii) your actual damages from the infringement; you are not entitled to attorneys' fees nor statutory damages. You likely have no remedies for copying your board design. And, sadly, bringing suit means a federal lawsuit which is likely to cost you much more than you can expect to recover in damages.

Best wishes,

LDWG