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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Business Law
Satisfied Customers: 170
Experience:  Legal counsel for multitude of businesses; Business Law Professor; Experience as In-House Counsel
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I think im being sued for copyright infingement

Resolved Question:

I think im being sued for copyright infingement
Submitted: 11 months ago.
Category: Business Law
Expert:  Elizabeth Prentice replied 11 months ago.
I am an attorney and I would be happy to assist you. First, you should be able to clearly see whether you are being sued for copyright infringement. It will be in pleading form, and have the name of the Plaintiff and you will be the defendant. It will also have a case number. Copyright cases are filed in federal court where the owner of the copyright is located, not in your state. Therefore, if you have a case number, you may register at Pacer.gov for an account to review the court docket online in the court where the Complaint was filed. You should receive a summons and the complaint, either in the mail or by process server. It will state what you did that caused the copyright infringement. If you merely received a letter in the mail from a law firm or company/copyright owner, it is a take-down notice. You will only be noticed once and then you will be sued if you fail to correct the situation and take down or stop using the copyrighted material. I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 11 months ago.


well its not a law suit then but a notice to cease and desisit. but im not clear what I am to desist. I make tattoo guns and sell them online the are replicas of tattoo guns that were made by a famous tattoo artist in the late 80s. he has since died and thousands of artists ar selling tattoo guns like his all over the world. what im confused about is which tattoo guns they want me to stop making or are the just asking me to quit putting his name on my product. some of the designs I copy of his were actually copies he made of other artists of his time. they included trademark number (85/937773) but when I looked it up I was even more confused I just not sure if im spose to stop building tattoo guns. or just putting his name on em and which models im supposed to stop. I make quite a few.


is there a way I can attach the pdf file and let you look at it?

Expert:  Elizabeth Prentice replied 11 months ago.
Unfortunately, no you can not upload it to us. It does sound like a very confusing situation though. I would call the company/law firm that send you the notice and calmly explain that you would be happy to comply, but that you are confused as to what they are requesting. it is definitely ok to contact the company that sent you the notice and they will appreciate that you care enough to want to comply with the law. It may be that they do not want you to use his name. Typically, copyrights pertain to names and drawings, or works of art. If it was the invention, they would've sent you a patent infringement notice. I think your best bet is to give them a call, politely apologize and explain your confusion as to how to comply. They should be able to give you a clear answer as to how you can proceed with your business, while still being in line with the law. I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 11 months ago.


of I course I will leave you great feedback


cheers XXXXX XXXXX


thom

Expert:  Elizabeth Prentice replied 11 months ago.
No problem! Good luck and feel free to ask for me by name if you need assistance in the future!
Elizabeth Prentice, Attorney
Category: Business Law
Satisfied Customers: 170
Experience: Legal counsel for multitude of businesses; Business Law Professor; Experience as In-House Counsel
Elizabeth Prentice and other Business Law Specialists are ready to help you

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