I've been trying to resolve this on my own but I'm stuck.
Amazon seller copying my product listing. I've been dealing with this for about 15 months now and the situation isn't improving.
This involves software/code I developed over the past 20 months. I do have documentation proving my ownership and timeline.
Do I have a strong case? What should my next steps be?
What trips people up most is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
I practice in this area. Here's my take on the legal issues.
The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the DMCA safe harbor provisions years for this type of claim.
One important thing — there are strict deadlines for filing these claims. Don't wait too long.
This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.
Real talk: following this thread — Bookmarking this. Dealing with almost the exact same thing imo.
For anyone in California: look into the Private Attorney General Act (PAGA). It allows employees to file lawsuits on behalf of the state for Labor Code violations. The penalties can be substantial and it's a powerful tool that's unique to California.
I work in compliance and I can tell you — companies take demand letters seriously, especially when they cite specific statutes. A vague 'I'm going to sue you' email gets ignored. A detailed letter citing Chapter X Section Y of the [State] Code with specific damages calculations gets forwarded to legal immediately.