Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law
This answer was rated:

In 2009, someone saying they were Gettys Images contacted

In 2009, someone saying they...
In 2009, someone saying they were Getty's Images contacted me by phone, saying that I had violated their TradeMark. My first impression was that is was not really Getty's, so I emailed them. It was! I know the seriousness of TradeMark / CopyRights. But I did not
do, nor could not do, what they are saying. I found an image on Google Images of a pet
mouse and a telephone, that I put on my website for a Contact Us. They said I had altered
their Pet mouse on a wheel image. I could not do that! I am 74 years old, love my computer things, but I could not have removed the wheel. They are charging me $1286.00. When I explained in 2009, as I have here, they reduced it to $635. and I repeated again my side, did not hear any more until yesterday and they have a lawyer
involved. What can be done for me? I am on social security. But the main thing is I did
not do what they are saying! Thanks!
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 1 minute by:
5/8/2013
Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 17,544
Experience: Licensed Texas General Practice Attorney
Verified

RobertMcEwenEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RobertMcEwenEsq :

By having a lawyer involved, do you mean that they're suing, or that they merely sent you a letter from a lawyer's office?

Customer:

They sent me a letter, requesting immediate payment, to resolve it.

RobertMcEwenEsq :

Thank you. This is often a tactic that they use to try to get you to pay. It's very rare that they actually file a lawsuit, especially in a situation such as yours. Getty has a notorious track record of sending these out, but I've only seen very few actual lawsuits, and those typically involve serious loss of income on Getty's part. You see, litigation is very expensive for them, and they typically only pursue the cases that they think will be beneficial.

RobertMcEwenEsq :

Social security is exempt from most types of garnishment (including a judgment from this type of case)

RobertMcEwenEsq :

So if you don't have any other income or significant assets, you're likely what we lawyers call "judgment proof".

RobertMcEwenEsq :

That means that a lawsuit would cost more than could be recovered.

RobertMcEwenEsq :

Again, they can't touch your social security income, which is protected by law.

RobertMcEwenEsq :

(it can only be garnished for tax bills, child support and spousal support obligations)

RobertMcEwenEsq :

If I were you, I would write them back, letting them know that you completely contest that you ever used any one of their images, that you never altered anything, and that even if you did, you could not afford this since you're on Social Security, which you know is exempt.

Customer:

I have a small pension, of $389 a month, and a joke for alimony of $50 a month.

RobertMcEwenEsq :

My guess is that you'll never hear from them again.

RobertMcEwenEsq :

Pension is also exempt.

RobertMcEwenEsq :

Most retirement benefits are.

Customer:

I do have some monies in my name that were of my parents, and I intend

Customer:

to pass them on to my family.

RobertMcEwenEsq :

I would let this firm know about the social security only...

Customer:

But this is their 2nd attempt, in 2009 and now!!

RobertMcEwenEsq :

Again, they're not going to pursue something if they don't think that they can get anything out of you.

RobertMcEwenEsq :

I understand.

RobertMcEwenEsq :

Letters are cheap.

RobertMcEwenEsq :

Most likely no one actually even saw this, but it was a form letter with a few things filled in.

RobertMcEwenEsq :

It cost the firm 50 cents to send it. If they send out a thousand of these, and get responses on 10, they've made money.

RobertMcEwenEsq :

Litigation is FAR more expensive (starting at $10,000).

RobertMcEwenEsq :

Like I said, they're not going to spend money where they know that they're not going to recover their damages.

RobertMcEwenEsq :

And once they know that you can't pay (and of course, they know they can't get your social security) then they'll almost certainly stop trying.

Customer:

Should my 'letter' to them be an email, as they did respond to mine, or

Customer:

would a postal one be any better. I don't see that it would be, as I have my proof ot it.

RobertMcEwenEsq :

I would do both, just to make certain that they get it.

RobertMcEwenEsq :

(there's no harm in sending it multiple times)

Customer:

ok, sounds good! You do make me feel lots better and I appreciate. I was scared to do this, now I am glad that I did. You make real good sense!!!

RobertMcEwenEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

ok, thanks!

Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 17,544
Experience: Licensed Texas General Practice Attorney
Verified
Robert McEwen, Esq. and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Ask Robert McEwen, Esq. Your Own Question
Robert McEwen, Esq.
Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 17,544
17,544 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

Robert McEwen, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

17,544 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I recently filed for a trademark that was rejected on the
Hello. I recently filed for a trademark that was rejected on the basis geographically descriptive and ornamental refusal. How can I reply to this to allow my trademark to be accepted? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I applied for a trademark name (for a certification) a
hello, I applied for a trademark name (for a certification) a couple years ago but the application was abandoned because I didn't follow up timely. now, a person I was collaborating with at the time j… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
Can a Chinese company register a trademark in the United
Can a Chinese company register a trademark in the United States ? If so, what does the Chinese company need.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for someone to look for a copyright owner to
I am looking for someone to look for a copyright owner to get permission for photos to present in my boook and someone to cite the documents … read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
588 satisfied customers
I want to obtain copyrights for a group of songs that I will
I want to obtain copyrights for a group of songs that I will be recording and preforming with my band. Do I need to obtain a separate copyright for each song, or can I accomplish the same thing by cop… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
I need someone with copyright, trademark law. I am creating
Hi, I need someone with copyright, trademark law. I am creating posters, political in nature as well as single scene comic strips. They are very patriotic content, images, (e.g. images of Mt. Rushmore… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
17,544 satisfied customers
I need someone who is familiar with trademark and logos. I
Hi, I need someone who is familiar with trademark and logos. I need to know why a dog jersey of the FC Barcelona Soccer Team is NOT a protected logo. Why is that? if all the research i've done says th… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I have a question on registering a trademark for product
I have a question on registering a trademark for product branding. I searched USPTO to make sure my name was clear to use and I applied to register. However, I discovered a business in a consulting se… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
Trademark Clarification Question: So, I'm getting ready to
Trademark Clarification Question: So, I'm getting ready to start selling product in the next year with a company that I've recently started. I've checked the name, let's call it Lovely Lemons, and I s… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
We are a U.K start up about to make both trademark
Hi We are a U.K start up about to make both trademark applications. My product designer is handling the applications. From my understanding if we apply for the trademark we would need to apply for bot… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've come up with an idea that I would like to trademark.
Hi. I've come up with an idea that I would like to trademark. How do I go about doing a search and how do I go about trademarking the idea? Thanks.… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I have a question about trademarking, we received the
Hi I have a question about trademarking, we received the results of our LegalZoom trademark search and want to know if we should proceed with filing the trademark based on the results. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I'm actually asking a copyright/trademark question. I am a
Hi...I'm actually asking a copyright/trademark question. I am a writer and small, independent publisher. I wrote a series that was published in 2005, 2006, 2007 and is actively available and selling n… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
17,544 satisfied customers
I have a trademark on website and the was infringed on by
I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
17,544 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
RE: difference between copyright and trademark. "Know your
RE: difference between copyright and trademark. "Know your prospective client" would be a trademark or a service mark correct?… read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x