Legal Question in Intellectual Property in New York

injunction against copyright infringment

question: i contracted a printing company ,in a

different county from mine, to print up 10,000 full

color reproductions of original images of mine, 18

different ones, all copyrighted by me. they printed

all of the images just fine but in the wrong format

which was unusable to me, so i rejected them

and never paid for or took delivery. negotiations

were fruitless and they sued me in my county and

lost. consequently they have informed me they

own the prints and can sell them or whatever. i

need to file an injunction againt this, how do i do

this and do i need to do it in their county or can i

do it in the court where they suid me. please

advise.


Asked on 3/14/01, 4:17 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: injunction against copyright infringment

A copyright infringement case is governed by federal law. Therefore, you would need to file suit in the United States District Court for the district in which (i) the defendant resides; (ii) a substantial part of the property that is the subject of the actdion is situated; or (iii) the defendant may be found, if there is no district in which the action may otherwise be brought.

Based upon this venue statute, you will need to bring the action in the federal district where the defendant resides b/c that is also where the property at issue is located.

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected] (also licensed in NY)

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Answered on 5/23/01, 5:38 pm


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