Discussion in 'Business & Tax Advice' started by BlackxHat, Oct 7, 2010.
or do u have to get the letter first before u can get sued?.
No, all it takes is a court order. A cease and desist has no legal binding and is typically used as a threat used to avoid legal cost of going to court.
Norm is a Cease and Desist letter before court.
so bascially will you get told to stop or take down what youre doing before you get sued?
Depending on what you are doing, I think they often have to send you a C&D before they have the right to sue.
using their trademark in my domain. and offering their program for download from my site. the program isnt crack or pirated tho. its like a free version/free trial version of that is offered on their official site. similar to what cnet.com has it. but i also might put up some adsense or something up too.
they don't have to send a C&D letter before they sue you
they just happen to most of the time
Sueing you is a pain in the ass and expensive. For most companies to sue a small fry like us, they'd be lucky to recoup their legal expenses on average.
C&D letters are just cheaper way of saying "******** off"
If you are not damaging them hardly, they won't even bother to think about you.
If you have their TM in your domain, you can expect a C&D notice, then if you don't comply, they'll probably take the domain away from you, handed over by the ICANN.
Anyway, if you get on their radar, you'll be shut off. And you won't be worth a lawsuit.
But if it makes you sleep better, in these cases C&Ds are shoot and if you comply, taking down your site and maybe handing your domain over to them (if they require you to). So, comply and live free.
Just hide your tracks so the legal remedy becomes too big a pain in the ass for them to pursue.
They are not required to, they can choose to serve you a court order with no warning ... but more than likely they will send a c&d unless damages are significant.
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