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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 26604
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just received a email from a competitor business stating

Customer Question

I just received a email from a competitor business stating the we stole infringement rights from his website. I had my business partner give me all the information to put on the website and I think she could of stolen some from my competitor's website. I took the website down immediately and I am going to look through page by page to see if we did take information from my competitor's website. If so (even though we took it down) how much trouble would we be in? And what could it cost my business?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.

If you took the information down, that's the main thing as you've stopped any potential infringement. USUALLY, most businesses are satisfied if you take the copyrighted information and just leave things alone.

The main reason is that ascertaining actual damages are very difficult. In a case like this, the other company would have to try and show how much you profited from the use of their information - - and they could seek that money from you. However, as I said, something like this is very hard to determine without spending a great deal of money on paying experts/economists, etc. to determine this.

If you were to offer a good faith amount in exchange for a release, you'd probably be able to put this behind you. There's no specific amount - just what you think would be reasonable.
Customer: replied 1 year ago.

I am an ex-employee in a lawsuit with this competitor company right now but I have not made over $2000 with my new company in profit....is that the most they could take from me?

Expert:  Roger replied 1 year ago.
if the copyrights or trademarks are registered, there could be larger damages; I think the penalty can be up to $100,000 But, most of the time, these things aren't registered.

The other party could seek any lost profits, any money you've made, attorney's fees, and possibly other damages - - but that is so hard to prove. That's usually why owners of copyrights are willing to compromise a claim because it costs so much to put on a case.

Roger, Lawyer
Satisfied Customers: 26604
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Intellectual Property Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.

Thanks for allowing me to assist you. If you have any additional questions, please let me know.

Kirk

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