I'm in a difficult situation and trying to figure out my next steps.
trade dress for product packaging. I've been dealing with this for about 5 weeks now and the situation isn't improving.
I have already consulted briefly with a lawyer but did not get a clear answer.
Has anyone been through something similar? What worked for you?
Here's my take on the legal issues.
This is a common situation and the law is fairly clear. Under the relevant statute, actionable.
I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.
NAL, but from what I've read, you should document everything. Caveat: I'm not your lawyer and this isn't legal advice lol
Quick update on my situation: filed a complaint with the state attorney general's office and got a response within 10 days. They opened an investigation and the company suddenly became very cooperative. Sometimes regulatory pressure works faster than litigation.
Reminder that many states have free or low-cost dispute resolution programs run by the state court system. In California, check your county's ADR program — mediation is often available for free or under $200. Much faster than litigation.
Make sure you have evidence of ownership before sending any letters.
A cease and desist letter is usually the first step. Many situations resolve at that stage.
Copyright registration isn't required but it helps a lot with damages.