Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
The company that built my website is out of business and from another country. I have way now way of collecting from them.So, Do I refuse to pay and see if Getty actually files/sues or settle and pay the fee?
I was afraid that the website developer wasn't someone you could actually go after - - this happens a lot in that industry....
Anyway, whether or not to try and settle or wait them out is a judgment call for you to make. Often, these companies threaten, and if you don't settle quick, they'll move on to the next one. Also, these type of cases are SO hard to prosecute because there must be proof of damages sustained caused by the illegal use and possibly loss of business caused by the use, etc. Thus, most claimants don't want to spend the time and effort to prosecute a case like this - - so you may be able to offer a settlement (maybe in the original demand or a little less) to get the matter resolved.
It would likely be best to try and make an offer and if they don't accept, then you may just want to see where it goes - - you can always try to settle down the road, even after they sue (if they sue).
If they do sue, what are my obligations to show up in court when the case is probably held in another state.
They should have to sue you in your home county and state - - if they don't sue you there, you could challenge the jurisdiction and seek to transfer the case to your county.
You would need to show up, because if you don't, a default judgment could been issued against you for whatever amount they claim.