C&D Thread!

DreFromThaBay

DreFromThaBay

Banned
Dec 15, 2010
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BAY AREA
Recently I received a C&D from a very popular clothing line for using their logos in an offer I built out. The offer wasn't live for more then a few days before they emailed me a C&D from a lawyer at law firm. As soon as I got the email I immediately took the site down as they had requested. The lawyer also gave me a set date in which he said I HAD to respond to avoid litigation. They said if I cooperate (by emailing them back im assuming) their client is willing to make a amicable resolution of its claims against my company. And if I did not comply they'd take more serious action against me. I know WF is the last place to ask for any legal advice, but I'd like to hear what you guys have to say. I just don't want to email them back and them have any admission of guilt on file.

Thanks WF,
Dre
 


also, some tits:

07.jpg

evaangelina-264.jpg
 
dont email them back and then make 20 more sites and send them lawyers on a wild goose chase
 
Reply with something like this:

Your message did not reach some or all of the intended recipients.

Subject: test
Sent: 4/25/2012 7:41 PM

The following recipient(s) cannot be reached:

'you@domain.com' on 4/25/2012 7:41 PM
550 5.1.1 <you@domain.com>: Recipient address rejected: User unknown in local recipient table
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I am not a lawyer so you probably shouldn't listen to anything I say, but removing the content and responding back and saying you removed it and hope the issue is considered resolved is not an admission of guilt.
 
cardine said:
I am not a lawyer so you probably shouldn't listen to anything I say, but removing the content and responding back and saying you removed it and hope the issue is considered resolved is not an admission of guilt.
Click to expand...

I'm not a lawyer either,

but saying you removed something is saying it existed.

I'd reply with,

Could you please review the website currently, to verify that it is in good standing with your client and the law?

Please let me know if any further changes need to be made and I will take timely action.

Kind Regards,
Scared Shitless
 
OP please do not post anymore of these awful boob shots. Consider this a cease and desist from posting boobs on WF
 
Just reply with:

"We have received your request to remove allegedly infringing content from our website. On the advice of my legal team, and as a good will gesture I have removed the allegedly infringing content."

Be sure to use alleged that way you aren't admitting guilt.

Oh and to quote Austin Powers .... It's a maaaaann baby!
 
I wouldn't reply. Bin the letter and move on. You probably won't ever hear from them again. If you do, ignore that too. Until you actually get served with court papers you have no obligation to do shit.

WTF is up with these nasty chicks man?
 
Erm... there's no such thing as "guilt" in civil law, brah.

You mean liability ?

It's a long time since I've needed that sort of letter, and I'm in the UK (slightly different legal system), but if I recall correctly, it's something along the lines of:

"I have taken the site down as requested, and won't put it up again. Please note that this is not an admission of liability in any way. I have complied with your request as a goodwill gesture and to save us both the trouble of a dispute."
 
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