General Legal Tip For Internet Marketers!
First of all, I want to preface this post with an addendum emphasizing the consultation of an attorney in your area before acting upon ANY legal advice presented on the internet.
These are just some points contesting information clients generally have accepted as fact with respect to jurisprudence and accompanying legalities within the ever-confusing sphere, that is internet.
If you ever get a C&D don't freak out. Most likely you have received this due to some alleged infringement and/or violation of a particular copyright/trademark/etc.
Always, respond to a C&D, preferably from an attorney who will respond in a fashion implying that you plan to pursue litigation in civil court. This in and of itself may make them decide to ignore you. You can also write them back yourself, although not as powerful.
If they insist subsequent your or your attorney's rebuttal to their alleged trademark and/or name violations and maintain they want you to transfer all rights,etc. to them, then this is what you do next:
About half the time they reluctantly agree, which is great and if they don't just hand it over to them. Unless they have blatantly sent you a C&D on a completely fictitious basis which then you can sue them...but that's a whole different post.
You can also try to keep sending reply's to their attorney, which they will have to respond back and that comes out of the pocket of their client. If you keep responding with long retorts the client may just say the hell with you.
These are just some points contesting information clients generally have accepted as fact with respect to jurisprudence and accompanying legalities within the ever-confusing sphere, that is internet.
If you ever get a C&D don't freak out. Most likely you have received this due to some alleged infringement and/or violation of a particular copyright/trademark/etc.
- Most likely since they have acquired counsel, have the means to legally suffocate you financially with legal gymnastics. You'll have to lawyer up if you want to fight it, and it's going to cost you a pretty penny. Expect to spend tens of thousands, depending on the financial means of aforementioned plaintiff.
- This means, only if you are making nothing short of a killing with your site, is it in your best interest to pursue litigation in civil court.
- The sad truth is, they can and often due present C&D's to individuals to try to scare them into transferring all title and rights to them without having any real legal merit or basis. They know you cannot afford to hire an attorney and fight them...
Always, respond to a C&D, preferably from an attorney who will respond in a fashion implying that you plan to pursue litigation in civil court. This in and of itself may make them decide to ignore you. You can also write them back yourself, although not as powerful.
If they insist subsequent your or your attorney's rebuttal to their alleged trademark and/or name violations and maintain they want you to transfer all rights,etc. to them, then this is what you do next:
- Explain to them that you spent hundreds (or thousands) of dollars developing the site and furthermore have spend thousands of hours developing the site and planning the marketing structure and business plan all based upon the usage of _____ (whatever they want from you).
- Tell them you would be willing to settle and transfer rights to them for X amount of money. This is your only and last hope to get something out of this if you don't want to pursue costly litigation.
About half the time they reluctantly agree, which is great and if they don't just hand it over to them. Unless they have blatantly sent you a C&D on a completely fictitious basis which then you can sue them...but that's a whole different post.
You can also try to keep sending reply's to their attorney, which they will have to respond back and that comes out of the pocket of their client. If you keep responding with long retorts the client may just say the hell with you.
David
Stop by Paul's Pub - my little hangout on Facebook.
Steve Browne, online business strategies, tips, guidance, and resources
SteveBrowneDirect
I like to keep an open mind, but not so open that my brains fall out
Sal
When the Roads and Paths end, learn to guide yourself through the wilderness
Beyond the Path
Stop by Paul's Pub - my little hangout on Facebook.