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Demand Letter Defense
Opening a cease and desist letter from a copyright or trademark holder is one of the scariest letters a young business will ever receive. The letter may contain legal language with which you are undoubtedly unfamiliar. It may claim that your guilt is already assured and your only way out is to cough-up a specified amount of cash. It may also claim that the true owner of the copyright has alerted the authorities and you could be subject to criminal penalties. These demand for settlement letters are what have also been referred to as extortion letters in many places on the Internet. The authors of these letters use your misunderstanding of the law to terrorize you into believing you’ve done something wrong; they throw ridiculously large numbers at you and tell you how you could be facing hundreds of thousands of dollars in penalties and fines unless you pay immediately. Do not fall for it!
I hate extortion letters. They are the bane of my professional existence, especially when they come from other attorneys; it makes me sad to know that someone in my profession would stoop so low. I fight these demand letters diligently and with the full power of the law. You are not without a defense! Don’t believe them when they tell you they have proof of your infringement. Don’t believe them when they tell you that you’ve cost them untold thousands of dollars for that thumbnail you placed on your Facebook page.
Here’s what you do… Do not respond to them and do not click on any links they sent to you until we speak. Call me right away! I will evaluate your situation, free of charge, and tell you what I think your next steps should be. I offer this service pro bono because these callous opportunists give the legal profession a bad name and I want to do my part to put a stop to it.
After reviewing your situation, we can discuss your alternatives and how to proceed. In circumstances where I feel the business owner did absolutely nothing wrong, I may even decide to handle the case to its resolution pro bono.
My apologies for my little rant, but these settlement demand letters really grind my gears! Give me a call and let’s talk about the letter you’ve received and what your next steps might be.