1. Gather Evidence:
- Secure all relevant evidence, including your original sketches, designs, prototypes, and any written communication with the company regarding the custom ring.
2. Determine Intellectual Property Rights:
- Assess whether your ring design qualifies for intellectual property protection, such as copyright, trademark, or design patent.
3. Contact the Company:
- Send a cease-and-desist letter to the company, clearly outlining your claims of design theft and demanding them to cease production and sale of the infringing ring.
4. Consult an Intellectual Property Attorney:
- Seek legal advice from an experienced intellectual property attorney to evaluate your case and explore your legal options.
5. File a Copyright or Trademark Infringement Lawsuit:
- If applicable, file a copyright or trademark infringement lawsuit in federal court. You will need to demonstrate ownership of the infringed design and prove that the company's actions constitute infringement.
6. Seek Injunctive Relief:
- Along with damages, you may seek an injunction to prevent the company from further producing, selling, or distributing the infringing rings.
7. Negotiate a Settlement:
- Engage in negotiations with the company to reach a settlement agreement that compensates you for the design theft and infringement.
8. Monitor Compliance:
- Ensure that the company complies with the terms of any settlement or court order to prevent future infringements.
9. Consider Criminal Charges:
- In some cases, design theft may also constitute a criminal offense. Consult with your attorney if criminal charges are appropriate.
10. Protect Future Designs:
- Take steps to protect your future designs by securing copyrights, trademarks, or patents as appropriate, and consider entering into non-disclosure agreements with any third parties you share your designs with.
Remember that legal actions involving intellectual property can be complex and may vary based on the specific laws and regulations in your jurisdiction. It is crucial to consult with an experienced intellectual property attorney to understand your rights and the best course of action in your situation.