I suggest you ignore comments from the list (sorry) and
look for an attorney.  Have him look at the documents
that both parties have signed.  You may have a case,
however the amount recovered verses the grief and time must
be considered.

What may be more desirable is to have him write them a nasty
letter threatening action if they don't stop.  It is amazing how a letter
with an attorney's letterhead gets someones attention. Hopefully
this should put an end to the problem.

Again, there are a lot of variables here - get real legal advice.

ken
klumia@adelphia.net

----- Original Message ----- 
From: "Jim Robertson" <jimpl@newfoundelectronics.com>
To: <piclist@mit.edu>
Sent: Thursday, April 14, 2005 10:33 AM
Subject: [PIC] WARP-13 pirate! Help needed


>
> Sorry if you don't think the PICLIST is the right place for this. I think
> it is as it has a ripple effect right though the PIC world.
>
> ...
>
> Regretfully, one of my former resellers has taken it upon himself to copy
> the WARP-13 and sell it with my software and firmware totally and
> completely without my permission.
>
> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=73154&item=7507543289&rd=1&ssPageName=WDVW#ShippingPayment
>
> ebay item 7507543289
>
> Sadly, all WARP-13 software and firmware has now been removed from
> my web site and it will not be made available until this matter is 
> resolved.
>
> Frankly, I do not know exactly what legal protections I have. Can anyone
> provide concrete information that may assist myself in knowing and 
> enforcing
> my rights to protect my IP.
>
> Anyone who sincerely believes that they can provide any information that
> they have good reason to believe is accurate and worthwhile for me to 
> follow
> is invited to offer comments (publicly or privately as they feel 
> appropriate) on
> the following points.
>
> I think that he cannot use the name WARP13a given that it has been
> associated with NEWFOUND ELECTRONICS since 1999. Right?
>
> He certainly cannot use my text taken from my web site. I did give him
> permission previously due to the fact that he was a genuine reseller but
> surely this implicitly meant only while he was a reseller.
>
> He may well be able to use my circuit providing he does not copy
> my artwork.
>
> He cannot download my firmware and put it into his counterfeit WARP13's
>
> He cannot represent this product as his own as he is using my firmware and
> software.
>
> He cannot represent that this is a product of NEWFOUND ELECTRONICS
> or claim any existing relationship with NEWFOUND ELECTRONICS.
>
> I am about to contact ebay and submit a NOCI form. I am looking to further
> follow up this matter and if you can help please do so.
>
>
> To WARP-13 owners:
>
> I hope to be able to repost all the latest WARP13 updates again shortly.
> Sorry for any inconvenience this may cause. If you need an update
> urgently please contact me directly.
>
> Regards,
>
> Jim Robertson
> NEWFOUND ELECTRONICS
>
>
>
>
> -- 
> http://www.piclist.com PIC/SX FAQ & list archive
> View/change your membership options at
> http://mailman.mit.edu/mailman/listinfo/piclist
> 


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