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?


Asked on 10/13/10, 5:02 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

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

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Answered on 10/18/10, 7:43 am

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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Answered on 10/31/10, 2:12 am


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