I think I need a lawyer

[Gregg]

Having time on my hands, I started looking at some of the things the company I founded and sold were doing.
As expected I have found about 12 companies making bad copies of a part I invented but did not patent so not much I can do about that.
But..
I was somewhat surprised to find that ten of them were selling verbatim the instructions I wrote, and importantly registered the copyright for in 2000. They did leave out the bottom line

"Copyright 2000, Greggory Brian Evans"

I've always been pissed how many people ripped off the part, and not being able to do jack about it. But I most certainly can go after them to pay me copyright fees.
Any suggestions how? The product retails for ~$250, can I start demanding sales records? A fee for making it availible on their website? This is straight up commercial use.

So, suggestions?

[Famspear]

I would definitely talk with a patent lawyer. That's a very specialized area.

[The Observer]

I guess the real issue is when you prevail in court and win, will you be able to collect anything? Are these companies well-established with deep pockets who would pay? Or are they fly-by-night establishments who will immediately shut down and start up with another state incorporation and slightly different name?

[wserra]

Off the cuff, from someone whose practice has never concentrated on IP law, but who has practiced it on occasion:

As you say, since you never patented the design, you have no claim for its ripoff.

As for the copyright on the instructions: since you did register it, you have a solid claim for damages for its infringement. But for how much? See 17 USC § 504. In general, infringement damages are measured by three factors: actual damages, the infringer's profit, and statutory damages.

"Actual damages" means your monetary loss as a result of the infringement - generally, how much you could have made by marketing or licensing your copyrighted work if not for the infringement. In your case, this is greatly complicated by the fact that the infringement is only for the instructions, which presumably are much less valuable than the device itself. Moreover, if the infringement occurred some time ago, the fact that you did not police your copyright indicates that you didn't view it as that valuable. You would likely need expert testimony on this issue (you, as an economist, can see why). Did you ever try to market or license?

You would be entitled to the infringer's profits from the use of your instructions, but only to the extent that they exceed your actual damages (above). This would also be difficult to determine, for the same reason. Had you ever licensed those instructions (with or without the design) to anyone else? That could start in the measurement of your damages. Once again, expert testimony.

Because computing the above can be difficult, the holder of a registered copyright can elect statutory damages under § 504(c) in the alternative to the above. Statutory damages range from $750 to $30K per infringement, in the court's discretion. If the court finds a willful infringement, the max increases to $150K; if the court finds completely accidental infringement, the minimum decreases to $200.

Needless to say, there is a substantial body of law for each of these provisions. And then there is Obs' point about your cockroaches making themselves judgment-proof.

can I start demanding sales records?

You can demand whatever you want. However, unless that demand is made in the context of a pending lawsuit, they will almost certainly tell you to go pound sand.

A fee for making it availible on their website?

See above answer.

This is straight up commercial use.

Yes, which clearly takes it out of any possible claim of fair use. It does not, however, help you with damages, except to the extent that you elect statutory damages and argue willfulness.

Hope this helps.

[Gregg]

I guess the real issue is when you prevail in court and win, will you be able to collect anything? Are these companies well-established with deep pockets who would pay? Or are they fly-by-night establishments who will immediately shut down and start up with another state incorporation and slightly different name?

Mail order fullfillers operating out of basements and garages. It all traces back to two of my dealers who decided it was cheaper to get the guy who knew a little about transmissions and made the thing that my thing replaced in the market, to copy my new thing. They then started selling the copies. They knew they were stealing both the part and the instructions.

This is what it is,

Just installed factory tech valve body i can truthfully say this is the best mod i have ever done the shifts are awesome this has got to be the most important mod that could be done my hat is off to GREGG EVANS and his knowledge of the lightning 4r100 transmission the FACTORY TECH VALVE BODY has got to be the greatest invention since baked bread. BIG TOM

And here is one of my former dealers still selling it, with the cheek to say he made it up himself!
The same guy who wrote the first review is the guy selling the copy.

[The Observer]

Mail order fullfillers operating out of basements and garages. It all traces back to two of my dealer...

My gut instinct, Gregg, is that you are out of luck. It seems to me, as a non-lawyer, that it would be easy enough for your dealers to simply set up another business, write their own instruction booklet, and keep going. Since the transmission part is the vital component, I am guessing that it can be installed by knowledgeable techs with little fuss. Your only weapon, as I see it, is to go into production yourself and sell the part for cheaper than your dealers, hoping that they give up.

Unless you could outdo yourself and invent a much better part that puts your original design to shame. If you do, remember to patent it this time.

[wserra]

I agree with Obs. Sorry if my verbosity obscured that.

[Gregg]

I pretty much knew as much. The original post owes a little to Ambien.
The part is near obsolete, I once was selling 50 a week, and I sold exclusive license to it 6 years ago. I'm too old and obsolete myself to mess with a side hustle these days.
Thanks everyone for the discussion though.

[notorial dissent]

Realistically, you might win in court, IANAL, but even if you did, as you say the part is nearly obsolete, they probably aren't recovering their production costs or storage costs at this point. I think it would be a pyric victory at best unless one/some of them really have money to cover your court costs.