Discussion in 'Business & Tax Advice' started by chainsawguy, Nov 4, 2009.
Removed based on legal advice.
If you've already been named in the lawsuit my guess is getting your LLC replaced is not going to happen.
Good luck though, sucks to be sure.
*Not a lawyer
Posted via Mobile Device
Slow Cookin :chef2:
You may wanna think bout the reason(s) you didn't get those cease and desist emails...knowhaimsayin...AND...maybe apply a lil heat to your books :flame::flame::flame:
Try to negoiate with them directly? if the emails bounced then not really your fault..
That is very bad and I'm sorry to hear it. The only time I came close (but I dodged the bullet) was with AARP.
The only thing I see going for you is the fact that you did NOT receive the emails. If that can be proved, then that could be some ammunition, since you couldn't comply with a request that you didn't know about.
If you can afford it, talk with an attorney, I'm not offering legal guidance.
They have to demonstrate that they made a reasonable effort to contact you. Sending you emails to an email address that was bouncing back is not reasonable. There was NO way for you to be aware of their cease and desist. Therefore, I would make an appeal to the court in whose jurisdiction this complaint is made that the lawsuit be dismissed on that basis. Show proof that you have complied with their request to remove the items from the web as soon as you became aware there was an issue, and present that to the court as well.
My next question is, was your domain registered to your LLC or your personal name? This will help you better understand if the lawsuit should be directed towards you personally or your LLC.
I highly recommend you do your research on this matter to find out what your options are in the county or state this lawsuit is being handled.
Many large corporations like to start lawsuits simply because they have deeper pockets and want to make an example of you. Honestly, a large corporation has nothing much to gain by suing you. I would try calling and speaking to the attorney who is responsible for suing you to see if there is anything you can do to resolve this outside of court.
Perhaps all they want to know is that you took the stuff down. It would be great if that's all it took to fix the problem.
good advice from velcom7. Definitely comply with the request, now that you DO know about. Keep good records of when you DID find out, and how quickly you then took corrective measures.
From the sound of things, he doesn't really care about the site anymore seeing as how he forgot about it in the first place. He just wants to shake the sharks off his scent.
BTW - Be sure to give us an update on things after you talk to the blood suckers.
there is no way around it,,, you need an attorney and a good one. you can't call up some BK guy or some guy that does divorce, you need a copyright guy and one that is very good with litigation. Needless to say that is going to cost you,BUT much less than if you try and walk this mine field yourself. Most likely they are trying to scare you and if you hire an attorney he can talk to the company and settle it in a day with a slap on your wrist. if you need a guy I can help you out, you can pm me if you want a bigger shark on your end. BUT DO NOT try and do this alone as you will really get messed up. take it as if you were being arrested, DONT SAY ANYTHING their lawyers are going to be trying to set you up on every phone and email conversation, stick to the minimum of, I am sorry but you will have to contact my legal council. I can not tell you how many times I have seen people shoot themselves in the foot when if they had just shut the fuck they could have walked away.
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