You say you "own" the commercial, does that mean you own the copyright in the commercial? Did you film the commercial yourself, or did you hire someone to make it for you? If you do own the copyright in the commercial, then someone else who uses a portion of your commercial could be infringing your copyright. However, you must register the copyright with the United States Copyright Office in order to enforce your copyright. You can find out more on how to register the copyright at www.copyright.gov. If you haven't already registered the copyright before someone started infringing it, then you are not entitled to ask for attorney's fees or statutory damages. However, you may be entitled to prevent further infringement. There are many facts that aren't clear from what you say that you should discuss with an IP attorney to see if you can stop the use of your commercial.
Answered on Oct 13th, 2012 at 12:40 PM