How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 118174
Experience:  Attorney practicing all aspects of copyright/trademark law
10285032
Type Your Intellectual Property Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Apparently they did not agree with my position, and this

Customer Question

Hello, So apparently they did not agree with my position, and this happened: http://www.billboard.com/articles/business/6685862/recording-academy-sues-company-over-grammy-themed-compilations Now what do I do? Any advice on how to approach this or what
will happen now... like will they accept a deal to stop suing us if we just pull the album at this point even if we aren't in the wrong? Are we confident enough in our position that we can stand up to them or will it cost too much? What options does a tiny
label like ours have?
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Now you must have a local attorney, you cannot avoid that. Even if you pull the album, you can, as we previously discussed, be liable to them for all proceeds you made from the sales. None of these cases are simple or easy, because there is no bright line test by the courts other than likelihood of confusion and while you have a strong argument that your use was merely descriptive and nominative use, none of these cases are easy or fast. So you will need a local attorney to represent you now if you are going to fight. If you cannot afford that, then you need to contact them and begin settlement.