Legal Question in Intellectual Property in Texas

I have a small buisness building Palapas, thatch huts, recently I noticed a new company in the field and as I looked thru the web sight I noticed some direct and partial copies of my text. Also in his advertisement he accuses his "competitors" of using inferior materials even though he knocked of my product almost completely.

It really makes me mad but can I do anything and to what extent without over reacting.

Thanks for any suggestions,

Don Hamilton

TexasPalapas.com


Asked on 3/25/11, 12:53 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. You may be able to stop his use of your text and/or sue for copyright damages. Is your text copyrighted? Have you filed for a copyright on the text? If you haven't done so yet, this should be a priority as a copyright filing creates significant legal remedies. Things like being able to recover damages of $200 to $150,000 for each work infringed, attorneys fees, injunctive relief, etc. Consult with a good business or franchise attorney who is familiar with this area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/25/11, 2:33 pm


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