What are your recourses if you are being cheated in a Licensing Agreement (I.P.)?
They claim they sold this amount when in reality they sold this higher amount and you can prove it?
3 Answers from Attorneys
It is Breach of Contract
What are your damage$?
There are too many undefined variables to enable anyone to assess your situation. What was licensed? What are the terms of the license? What kind of evidence do you have to prove the breach, and what defenses might they be able to interpose? If it is a program or system, is it a derivative work (for example, is your work based on an existing platform such as Apache) or a completely original work. Is the work a "work made for hire"? Is the license exclusive or nonexclusive? Are you, based upon the conditions of the license, limited to an action for breach of contract or are there provisions by which you retained the right to claim copyright, patent and/or trademark infringement, or any other misuse of any other kind of your property (such as a client list or trade sercret)? You really need to organize all of your information and documentation, and then review it with an attorney who is experienced in matters of this kind. You may even want to get a second opinion just to make sure that you retain an attorney with whom you are comfortable. And if the subject matter contains an issue regarding copyright, patent and/or trademark infringement, you should be in federal court. This means that you are not limited to retaining local counsel. It is very easy for an attorney who is admitted to practice in one federal district or circuit to make an application to appear in another federal court, and these applications are usually granted. So don't be afraid to contact almost any attorney. Yes, that is a blatantly self-serving statement, because I would like to discuss the situation with you. And I do not charge for an initial consultation (you get to test drive a car, why shouldn't you be able to "test drive" an attorney).
Hello. Many more details need to be known. Please contact a private attorney for assistance. It would be helpful if you can estimate or 'guesstimate' the amount of money at state. All the best.
TRICIA DWYER, ESQ.
Tricia Dwyer, Esq & Associates PLLC
365 Days of the Year until 8 p.m. daily
SMALL BUSINESS LAW
BUSINESS FORMATION LAW
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