Legal Question in Intellectual Property in Texas
Someone is illegally selling my TrafficDX software from their website. How can I stop this and sue for damages?
2 Answers from Attorneys
Any attorney will say an attorney demand letter is needed. If the demand letter (to stop and for damages) is not followed, then you need to file for an injunction (to stop sales), then sue for damages. Consult with a good business attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
For starts, you could could also initiate a notice and take down procedure pursuant to the Digital Millennium Copyright Act requesting that the service provider hosting the website take it down or disconnect access to it. Service providers are usually under an obligation to honor such a request from copyright owners.
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