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im kind of on the other side of things now

         

HappyChina3

6:22 pm on Apr 10, 2005 (gmt 0)

10+ Year Member



i know most of us are posting about protecting our intellectual property rights, and as a part-time writer, i have read these forums for a long time... but today, i come with a different problem...

someone submitted a cartoon puppy to my web site and encouraged me to use it and integrate it into my designs... this was a long, long time ago. ive since suffered a hard drive crash and have no proof of his giving me permission (i swear he really did though!)

now, he comes along and filed suit against me, claiming im using his work as part of my logo willfully and without permission and that i owe him $150,000 for statutory damages. im so shocked and angry and if i try to defend it, ill just look like a liar and an idiot, and i don't have much to my name, but why should he even get to take my 1995 toyota camry?! :-D

HERE'S THE QUESTION, THOUGH: he didn't name me in the lawsuit. he just sued my web site address. ive never filed a DBA officially with my state or anything like that. all i really have is the domain registration.... can i just pretend this lawsuit doesn't exist, for now, since im not personally named?

i really didnt do anything wrong, but i wanted your thoughts on this matter. thanks guys. im guessing he'll go for a default judgment, but would that even be attachable? could a judge say its attachable since i own the domain name? i really didnt do anything wrong but im scared and the guy wont settle for less than $20,000, and i havent seen that much free money in the last FIVE years... :-D

BigDave

6:40 pm on Apr 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Talk to a lawyer and see if you can defend it, and if that doesn't work, have your bankruptcy paperwork ready to go. <added>Do not file until he gets a judgement against you. But talk to your lawyer about that too.</added>

If he is only doing it for the money, it would be stupid to go after someone that doesn't have any.

The two things that I would suggest is immediately contact a lawyer, and stop using the work in question.

HappyChina3

8:30 pm on Apr 10, 2005 (gmt 0)

10+ Year Member



i talked with lawyer... apparently, plaintiff's actions were acceptable / i was named properly in the lawsuit... ill give a followup on this matter in a couple of weeks, probably....... IGNORE THIS THREAD.. all questions were quickly answered by lawyer...... thanks anyway...

rstein68

8:35 pm on Apr 10, 2005 (gmt 0)

10+ Year Member



If you are certain the permission is on the old hard drive, see if a data recovery professional can recover it.

HappyChina3

7:24 pm on Apr 11, 2005 (gmt 0)

10+ Year Member



nice idea... the lawyer actually suggested that... that's what im going to do... he said if we can show valid proof / if it can be recovered, i can bill the guy who had the nerve to sue for the costs... :-D