I think you need to assess your true damages. Beyond the emotional.
What has this event cost you and what is it likely to continue to
cost you, long term?
If the production run was relatively small and the resultant dollar
figure sold by the company that copied you is not huge, you will have
great trouble finding a lawyer who will take the case on contingency.
Think of contingency cases as a bit of a gamble, if the prize(for the
attorney) is lucrative he/she just might take on the case. There will
be many man hours involved and probably out of pocket expenses so the
lawyer will make an assessment of the strength of the case and the
possible awarded damages. He will base his decision on that. The
carrot has to be big enough.
If you retain an attorney you pay him something upfront and then pay
more as the case progresses. This will not be small change. You will
invest significant money way before the case gets to court and even
then can you really be assured of not only winning but also
collecting at least enough to offset what you’re invested?
Someone mentioned an agency that helps artists. I’m unfamiliar with
them but most likely they will want to assess the case much the same
way as a contingency attorney. If the case is solid and they’ll do it
pro bono then why the heck not try it?
If you go the criminal route and obtain a cease and desist you would
still need litigation to try to recover monetary damages. The perp
may entertain a settlement offer if they feel they are vulnerable.
But maybe not.
This knock-offer may just be gambling that you or other artisans he
may copy don’t have the resources to fight. Only you can determine if
the hassle and cost are worth it.
I’m not dissuading you from any course of action. I’m also not an
attorney but I’ve kicked around courts enough to know that it
doesn’t work as portrayed on TV. Get your ducks in a row, get legal
advice, make a rational decision based on your best long term