Trademark, Copyright, Contract, Fraud, Securities, Antitrust and Other Business Litigation
I have had more than 40 years of experience in business litigation, including copyright, trademark and patent infringement; theft of screenplay, toy, game and TV show ideas; bank and wire fraud, RICO, securities fraud, consumer fraud, stock manipulation, false advertising, unfair competition, bribery, unfair labor practices, credit card fraud, loss or denial of business or professional licensing.
I am interested in representing clients in these types of litigation:
Defense of Copyright and Trademark Actions to Recover Huge Amounts of "Statutory Damages" and Legal Fees
The federal trademark statute (Lanham Act) and the federal Copyright Act have been amended over the past years to provide huge amounts of potential "statutory damages" to persons who infringe one or more copyrights and trademarks. The AIAA has brought many hundreds of actions against students and others who have downloaded copyrighted songs without payment. The student doing the downloading was saving perhaps $.80 or $1.00 but is subjected to the substantial litigation costs of a copyright infringement action with the plaintiff seeking as much as $150,000 for each illegally downloaded song, or 150,000 times (or more) the amount being saved (or "stolen"). Trademark infringement is much worse, with statutory damages of $1,000,000 for each trademark infringed, plus legal fees (which for a case involving very little in actual damages - usually nothing at all) which can amount to $50,000 to $250,000 or more.
There are various defenses that should be considered in this type of infringement action for statutory damages. Call me and I'll outline many of them for you. You also should look at my YouTube video entitled "Defending a Frivolous Trademark Infringement Action" [7:42] by clicking on Defending a Frivolous Trademark Infringement Action by Carl E. Person - 7:42.
Contact Me
Call my office at 212-307-4444 or e-mail me to set up a free initial consultation. I provide experienced counsel at affordable rates.