QUESTION
What should I do if I've been accused of intellectual property copyright infringement?
Asked on Oct 24th, 2013 on Patents - Massachusetts
More details to this question:
Today (October 24) on my doorstep, I found an overnight FedEx envelope. Upon reading the letter, it appears to be a cease and desist letter with demands in it. Here is some background on what has happened. I have a hobby where I like to make silicone push molds and sell them on an online store. Bakers and jewelry makers buy them to make their creations. This company is stating I have violated copyright by using their little buttons to make the molds. I did not know this was illegal in any way, shape, or form. In fact, there are hundreds of other people all over selling them. At any rate, the letter says I have 7 days to respond. They have a few things they want me to do. They have scared the crap out of me with the jargon in the letter. I simply need some direction regarding this.
5 ANSWERS
What you are asking requires that you seek legal advice immediately. I would need to see the entire letter and package that they sent you and understand exactly what you are making. Only then could i render an opinion.
Answered on Oct 25th, 2013 at 2:43 PM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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Talk over the details with an attorney. People sometimes send overreaching cease and desist letters, especially when it is not a law firm sending it.
Answered on Oct 25th, 2013 at 11:16 AM
Companies have become much more active in protecting their intellectual property rights in the last decade. These letters are common now. First you need to confirm that the company actually owns or has license to a valid copyright on the buttons. If they don't, they can't claim damages from anyone. Second, you need to determine if you've obtained the buttons legally. Many products sold on the Internet today have been stolen by someone from the true owner. Find an attorney who has actual experience with intellectual property issues to help you with this.
Answered on Oct 25th, 2013 at 10:02 AM
Intellectual Property Attorney serving Southfield, MI
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Gerald R. Black
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The cease and desist letter is designed to get your attention. And, ignorance of the law is not a defense. It does appear that you have several options going forward to mitigate your liability here. You need to engage the assistance of counsel to help you resolve this matter.
Answered on Oct 25th, 2013 at 8:33 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Contact a lawyer with experience in copyright matters. Ignorance of the law is no excuse in this case - and statutory damages can be awarded by a Federal Court. If you cannot go to a lawyer - write to the firm that sent you the cease and desist letter - and say what you said below - it was an innocent mistake and you have stopped your activity. Maybe that will be enough for them.
Answered on Oct 25th, 2013 at 8:01 AM