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It's been a while since I have touched this subject matter (I am specialized in Land disputes in Mexico), but I have a good friend who is a US AAA arbitrator and works in this field. His hourly wage is 500 dlls, lets say that the court battle takes two years (this is very optimistic time frame and lets assume that the other party has had a poor legal defense resulting in a swift judgement). Trial preparation, depositions, and other court related work, lets say he works 2 hours a week on your case during those two years = 52000 dlls, add to that the cost of expert witnesses (they will be required to determine distribution connections, volume, and the bulk of final sales/profit). As you can see just the attorney fees alone are outrageous for any small business owner Lets say you do win, you are entitled to 3 times the amount of the profit that the other party has earned + court related costs, and usually when you are dealing with cheap copies the profit margin is small, so how much will you gain? And ultimately, what will you do if said company/shop/individual goes bankrupted or has their legal residence in a country that does not honor US patents or court sentences?? All of this make patent enforcement difficult and unafordable for small business owners. Please remember that most industrial and intelectual right laws are designed to protect the big companies, like Nike, Adidas, Sony, and other conglomerates that do have international presence and that are common targets of copy cats. I'm not in any way trying to contradict you, but there are more things to take into consideration :) Regards!
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