A former vendor
contacted us with a letter stating they feel we owe them additional money related to a software project they worked on that is not yet live, and they want us to NOT use what they claim is copyrighted material.
Their initial legal agreement stated partly that they maintain some copyright rights if they are not compensated in full.
We hired them, initially, to do some design and software programming. The first attempt at design did not go well so they had to redo it. They want to charge us for the redo. We don't feel we owe them for the redo since we've already paid them about 20% over the initial estimate.
We need to launch our software application and we spent a lot of time and money incorporating the designs they produced. If we don't launch, our company will go out of business
They sent a threat of suit about 2 months ago but never filed. It would've been helpful if they had because then we would be able to settle this with all details. With that unknown, I went ahead and sent them a letter about a week-and-a-half ago asking them to respond with a DETAILED single case summary of exactly why they feel we owe them money and, additionally, why we shouldn't sue them for the $60K in overages to fix what they never finished.
I told them that we needed to launch the software on May 16th and if we did not hear from them by Friday, May 13th, we would need to move forward with the project and would consider their claims of copyright infringement to be without merit and the potential case against our company closed.
If they don't respond, do we have a good basis for moving forward and assuming their lack of response could prevent future suits and could possible by a way to achieve a summary judgement if they do?