You have time but the longer you wait, the less it looks like it is your work. If you are attempting to sue someone for a copyright or trademark infrinment, you need to understand the nuances of copyright law and decide if you have protection under state or federal law. If you have not registered your work, your copyright protection may only be limited to copyright law available in your state. Think about if this was a work for hire or if someone is essentially using your work for profit without your permission. Review your contracts and see what limitatons you have in the contract. Witnesses are useful and you should have signed and notarizedÂ affidavits from those witnesses.