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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 35642
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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My website was noticed by a middle man that the client hes

Resolved Question:

My website was noticed by a middle man that the client he's representing is planning on suing me for hosting infringing files (video), and that his client's lawyer is in the progress of writing a correspondence. What should I do to get ready for it ?
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 5 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Before I respond, may I ask what you have done up to this point, so I do not perhaps provide you with duplicate information--thank you!
Customer: replied 5 months ago.

I have hosted some infringing video files on my website. The other person file a take down notice of one of their video, which I complied. As soon as I wrote the email back saying the video has been removed, they revealed that they are intend to sue, and that their lawyer will email me a correspondence letter soon.

Expert:  Dimitry K., Esq. replied 5 months ago.
Jon,

If I may ask, did they offer any assurances before you removed the videos pertaining to waiving their legal options, or they simply threatened and you complied?
Customer: replied 5 months ago.

After notifying them that I have removed the requested video down, the person retracted the initial take down complaint, and casually brought in his client's intention of suing me. Below is the email.


 


Email #1:


Mr. Dinh,

Thank you and we have retracted that notice. On another issue, the client
we work for intends on suing you, in a California court, regarding the
illegal infringement on cravinghentai.com. Please forward us your
attorney's information so we may contact him or her.

Regards,
XXXXX XXXXX, CEO
Removeyourcontent LLC

Customer: replied 5 months ago.

Also, to respond to your question, they did not offer any assurances.

Expert:  Dimitry K., Esq. replied 5 months ago.

Jon,

 

At this point you really are in a position that may end up causing you harm. The first step is to review your site contents and to remove anything at all that is either infringing or questionable, not just from this client but anyone else. The next step is to do nothing. You are under no obligation to provide that person with anything pertaining to your legal options or an attorney, and what you can do instead is spend that time researching local counsel that you would need to retain if they do file against you. You may want to look to sites such as www.avvo.com and www.martindale.com for competent counsel in your area based on fees, location, experience, and expertise. Those sites are content driven, no attorneys pay to be on it with their basic profiles, and past clients can use it to rate attorneys as well as have peer driven reviews as well.

 

Hope that helps.

Customer: replied 5 months ago.

Few last questions, can they legally file a lawsuit against me via email and not physical paper if they do not have my contact information beside just my email. Will shutting down the site permanently and remove all contents do anything against their claim ?

Expert:  Dimitry K., Esq. replied 5 months ago.

Jon,

 

I would be glad to clarify. They cannot serve you via email, they have to do so via physical documents and proper service. Shutting down the site won't help your case because the damage has already been done--shutting the site does not remove or revoke past infringement. They would have to find you, so this may make it harder to trace you, but it won't harm their alleged injuries and claims against you.

 

Good luck.

Dimitry K., Esq., Attorney
Satisfied Customers: 35642
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Dimitry K., Esq. and 2 other Intellectual Property Law Specialists are ready to help you

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