Jim Robertson wrote:
> 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.

That won't stop him from selling the knock offs. He'll just have
to supply a CD with your software on it.

> Frankly, I do not know exactly what legal protections I have.

You may have legal protection. Unfortunately the cost of enforcing
your rights will likely be many times what you loose to this pirate.
Such is life. It's not a 'justice' system. Its a 'legal' system
and crooks usually know the system better than law abiding citizens.

 > Can anyone
> provide concrete information that may assist myself in knowing and 
> enforcing
> my rights to protect my IP.

IP law is 'civil'. This means YOU bear ALL costs of bringing an
action forward, and may only recover those costs if you win.
And even if you win, the courts may NOT award you full costs.

You may have a 'lawyer referral service' in your area. This allows
you to get a 1/2 hour of legal time for a nominal fee so that you
have some idea how to proceed. Check with the local law society
if you don't see it listed in your phone books.

> 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?

Is Newfound Electronics a registered company?
Did you register Warp13 as a trademark?
If neither, you're probably screwed in spite of 'common usage'.

> He certainly cannot use my text taken from my web site. 

Did your site have an explicit 'Copyright 19xx, Jim Robertson'
on EVERY page? Does your software have this copyright in a
human readable form?
If your company is not incorporated the 'owner' of the copyright is YOU,
as proprietor and only YOU, PERSONALLY can take any actions.

> 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.

True. Unless you patented the 'embodiment', which is unlikely.

> He cannot download my firmware and put it into his counterfeit WARP13's

But he can and did. Now how you can stop him is another matter.

> He cannot represent this product as his own as he is using my firmware and
> software.

But he can and does. Again, how are you going to stop him?

> He cannot represent that this is a product of NEWFOUND ELECTRONICS
> or claim any existing relationship with NEWFOUND ELECTRONICS.

True. But you can only take action if N.E. exists as a legal entity,
ie. incorporated. And if you can PROVE that he caused you damages.
If he only sells a few dozen units is the few hundred dollars you can
claim worth the legal cost of recovery? Remember, you can only claim
ACTUAL provable losses. Punitive damages are rare at this level.

> 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.

Good luck.

Robert
IANAL but I've been around the block on this.

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