Declaratory judgements - how to avoid?
Posted: Mon Jun 06, 2011 8:35 am
Hope someone can help me on this one as I am getting a bit worried.
I want to take action against an someone reusing my work without permission (not an exact copy, but IMO clearly based on my work).
My understanding was that the first step in such cases (and what I have done in similar situations the past) is to send a cease and desist letter. I was planning to write my own and avoid the solicitor's fees as I just want the infringement to stop (I do not expect any damages) and cannot really afford a solicitor.
Someone has now pointed out that if I do that, the defendant can file for a 'declaratory judgement' in their own country and that if they do, I would be required to go to their country at my own expense to defend my claim. Looking here http://en.wikipedia.org/wiki/Declaratory_judgment this would seem to be the case!!
Clearly it would not be worth me flying out, but as I understand it, if I do not I would basically be letting them win the case and they would 'take over' my work as their own.
Is there a way to prevent a declaratory judgement? In a few cease and desist examples I have seen the words 'without prejudice' - would that be all I need?
I have been searching around the Internet this morning, but can't seem find a definitive answer.
I want to take action against an someone reusing my work without permission (not an exact copy, but IMO clearly based on my work).
My understanding was that the first step in such cases (and what I have done in similar situations the past) is to send a cease and desist letter. I was planning to write my own and avoid the solicitor's fees as I just want the infringement to stop (I do not expect any damages) and cannot really afford a solicitor.
Someone has now pointed out that if I do that, the defendant can file for a 'declaratory judgement' in their own country and that if they do, I would be required to go to their country at my own expense to defend my claim. Looking here http://en.wikipedia.org/wiki/Declaratory_judgment this would seem to be the case!!
Clearly it would not be worth me flying out, but as I understand it, if I do not I would basically be letting them win the case and they would 'take over' my work as their own.
Is there a way to prevent a declaratory judgement? In a few cease and desist examples I have seen the words 'without prejudice' - would that be all I need?
I have been searching around the Internet this morning, but can't seem find a definitive answer.