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Don't Be Afraid of Bully Attorneys Sending C&D Notices to Websites
Posted 10-08-2009 at 07:41 PM by kindsvater
It happens every day: a big company and a law firm send notices to a website, probably owned by an individual, asserting copyright, trademark, or some other intellectual property violation.
The only problem is that the notice is false. And the firm and the attorney know it.
They are simply trying to bully someone into removing something they find objectionable.
Unfortunately, this often works because most people are scared and do not have the financial means to talk hire an attorney attorney to defend them in a big lawsuit.
Of course, they're mistakenly assuming a big lawsuit is actually coming.
So it is refreshing to see a big company and it's idiotic attorney get their comeuppance.
Roxanne Elings sent an apparently bogus copyright infringement notice regarding a Ralph Laren ad where the website was criticizing the ad for what is known as photoshopping.
The website then publicized the notice and the story went viral - and the picture. Needless to say, Ralph Lauren has not sued the website. Nor have they sued the zillion media outlets now reproducing the picture while they report on the story.
Nor will they.
Apparently, a web search found another site claiming, a couple years ago, that Roxanne Elings had made similar ridiculous threats. Looks like this is what she does.
There is more analysis, and the picture at issue here: http://wisdoma.com/2009/10/07/ralph-...oxanne-elings/
Bottom line: Just because you receive a C&D notice does not mean you're breaking the law or that you will be sued. True, you may be in the wrong and need to modify your actions. Or, maybe not. Don't panic - get the facts - get some proper legal advice - then act accordingly.
The only problem is that the notice is false. And the firm and the attorney know it.
They are simply trying to bully someone into removing something they find objectionable.
Unfortunately, this often works because most people are scared and do not have the financial means to talk hire an attorney attorney to defend them in a big lawsuit.
Of course, they're mistakenly assuming a big lawsuit is actually coming.
So it is refreshing to see a big company and it's idiotic attorney get their comeuppance.
Roxanne Elings sent an apparently bogus copyright infringement notice regarding a Ralph Laren ad where the website was criticizing the ad for what is known as photoshopping.
The website then publicized the notice and the story went viral - and the picture. Needless to say, Ralph Lauren has not sued the website. Nor have they sued the zillion media outlets now reproducing the picture while they report on the story.
Nor will they.
Apparently, a web search found another site claiming, a couple years ago, that Roxanne Elings had made similar ridiculous threats. Looks like this is what she does.
There is more analysis, and the picture at issue here: http://wisdoma.com/2009/10/07/ralph-...oxanne-elings/
Bottom line: Just because you receive a C&D notice does not mean you're breaking the law or that you will be sued. True, you may be in the wrong and need to modify your actions. Or, maybe not. Don't panic - get the facts - get some proper legal advice - then act accordingly.
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