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FAQ 2018-04-02T11:37:47+00:00

We hope that these may help answer your queries. If you don’t see the answer you’re looking for then please go to the ‘Contact Us‘ page and send us a message. As we get bigger and encounter new cases, we will populate our FAQs with new and valid queries, that may help you better protect your IP. Please note that these answers are general in nature and that each case will require different consideration.

Can You Pay For My Legal Fees?

One of The Randy Cooper Foundation’s goal is help inventors with legal expenses. While we endeavor to help as many inventors as we can, we depend on the generosity of others to help pay for legal related fees. Often, the right advice may help inventors avoid going down a budget-consuming litigation case. In all instances, we evaluate your situation to see if we can help you.

Can I File A Lawsuit If Someone Makes A Knock-Off Of My Product When I Don’t Have A Patent?

A utility patent is valid for 20 years from the application date, and for design patents, 14 years after the patent is granted.  A patent owner may enforce his rights by bringing a patent infringement action (lawsuit) in federal court against anyone who uses his invention without permission. If the lawsuit is successful, the court will take one of two approaches. It may issue a court order (called an injunction) preventing the infringer from any further use or sale of the infringing product, and award damages to the patent owner. Or, the court may work with the parties to reach a licensing agreement under which the infringing party will pay the patent owner royalties in exchange for permission to use the infringing device.

Can I File A Lawsuit If Someone Uses My Pictures?

Many infringers often use imagery and language and/or your trademarks without your permission. There are a few steps you can take to get the images removed through E-Commerce and Social Media Reporting Tools and by reporting infringements “takedowns” to the website’s host (e.g. Amazon or ebay). In cases where your images (or trademarks) are being used to sell knock-off products, you may have a copyright and/or trademark infringement claim, as long as you have registered your assets.

How Can I Find Out Who Is Selling My Counterfeit Products On Amazon Or Ebay?

If unauthorized sellers are listing your products for sale online, under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(h) you can subpoena (make a request) to the host for information on the identity of infringers. You will need to provide proof that you are the owner of the copyrighted images and/or trademarks in order to obtain a subpoena.