copyright law,trademark law

[kerrywis]

ohio. just started my own business and i hadn't registered my trade mark. a competing company took one of my business cards that i paid to have designed by copymax and had another company copy the exact same layout and design that are on my signs,business cards and forms-the only thing different is their company name in place of mine. i can prove that i had it first and i'm registering the trademark today,but in the meantime is there anything i can do or should do? i know that non-registered marks have common-law rights.could an attorney help me while my application is pending?the competing business knows that they used my idea as does the graphics company who copied my idea. i called the graphics business and he claims he did nothing wrong because it wasn't registered. should i call a lawyer,do i have a case?

 

[ALawyer]

Yes, get a lawyer. There are key issues as the design was not used in commerce, but this seems to involve a series of wrongs, including possible copyright violation, trademark and ordinary misappropriation.

If a lawyer locally feels you have a case, a letter from that lawyer will give the other side and print shop cause to rethink their activities.