Intellectual Property Law

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OK so biut of a story. no this is just a general question I…

Customer Question
OK so biut...

OK so biut of a long story.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No this is just a general question I have received a cease and deisit letter It is not going to court I needed some legal advice

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

HMm well should I write down he whole story?

Submitted: 6 months ago.Category: Intellectual Property Law
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Answered in 3 minutes by:
12/21/2017
IP Lawyer: Attorney2, Attorney replied 6 months ago
Attorney2
Attorney2, Attorney
Category: Intellectual Property Law
Satisfied Customers: 8,872
Experience: 30 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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IP Lawyer: Attorney2, Attorney replied 6 months ago

What does the letter ask you to desist and cease doing?

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Customer reply replied 6 months ago
Hello so it would be way easier if we could speak?
Customer reply replied 6 months ago
You still there?
Customer reply replied 6 months ago
OK I htink I am on a scam site. Can you please refund the money I just paid. Thx.
IP Lawyer: Attorney2, Attorney replied 6 months ago

Sorry your question closed and I had to ask that it be reopened.

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Customer reply replied 6 months ago
ok so can yuo just refund me please. First of all I get asked to pay $5 then I am told that it will take another $50 and now to speak to you it will take another $59. So please just refund whatever you have taken. THanks
IP Lawyer: Attorney2, Attorney replied 6 months ago

Can you explain the situation to me. The site will also offer you the option of a telephone call. In the meantime we can work in this format.

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IP Lawyer: Attorney2, Attorney replied 6 months ago

The Attorneys do not have access to customer account information. You will contact costumer service at US / Canada 1-***-***-****

In the meantime I happy to work from here at NO additional charges to you.

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Customer reply replied 6 months ago
OK so I made a verbal arrangement with a lady I thought was a friend where she designed some very simple artwork to use on wine coasters. She offered me the possibility by email of having one of my illustrators make the artwork so that I owned the artwork outright, however I knew she needed the money so I told her I would pay her 5% of any sales. So for the last year I have paid her about $250. Then I sold the store in October and informed of this. She got mad and said I should have asked her permission. The new owner is prepared to pay her the same amount but when the stock runs out he either wants to own the artwork or he will simply use another design. I asked to meet her several times so we could sort it out. She has now sent me a cease and desist letter.
Customer reply replied 6 months ago
I sent her this letter yesterday:Hi DebMany thanks for the letter received a couple of days ago.First of all, I want to say that I have obviously caused you stress and I want to apologize as that was never my intention.If you want me to have my lawyer handle this, then I can do that. However it was never my intention to not pay you and I asked you a couple of times for us to meet so that we could sort it out together so that you would be satisfied. I am actually a nice person and I happen to like you! Even now after you send me a lawyer's letter!You gave me the option at one point of having one of my illustrators recreate the artwork so that I owned it outright. I did not take that option (even though I knew it would be have been far cheaper) as I liked you and wanted to help you out too.I recognize that my emails were not thought out and again I apologize for that. Even though I am advised that I could pay you nothing, that again is not my intention at all. We agreed to our arrangement and I will stick to it. I will pay you obviously for all coasters / aprons sold. Once the stock runs out if you want a fee for the artwork then as per my emails before, kindly send through what you want for the artwork. If you do not want the artwork to be reused then or even sold then we can of course "cease and desist" but then you would not make any money (other than the sales up until we stop selling them). So let me know what you want to do. Again Debbie I would love to meet up and sort this out together over a coffee. I promise you my intentions are honorable!Kind Regards
Customer reply replied 6 months ago
She told me I need to contact her lawyer.
So I just want to know legally where I stand.
Thanks
Customer reply replied 6 months ago
Letter attached
IP Lawyer: Attorney2, Attorney replied 6 months ago

Correct me if I am wrong, however this was oral deal between you and her alone. Was there ever any discussion about what would happen in the event you sold the store. Is that correct?

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Customer reply replied 6 months ago
thsi was verbal - we do have some email communication. We never discussed what would happen if I sold the store.
IP Lawyer: Attorney2, Attorney replied 6 months ago

Your agreement was for an unstated period of time. You honored the agreement during the time you owned the store. There is nothing that would require you to assign this to a new owner. You went above and beyond trying to work that out for her.

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Customer reply replied 6 months ago
what sholud I say to the lawyer given that I emailed her yesterday
Customer reply replied 6 months ago
you are saying that the cease and desist letter has absolutely no chance of being enacted?
Customer reply replied 6 months ago
The artwork has her name on it : https://www.amazon.com/Absorbent-Drink-Coasters-Accessory-Enthusiast/dp/B01M234YGG/ref=sr_1_3?ie=UTF8&qid=1513884830&sr=8-3&keywords=wine+dog+coastersIf you zoom in to the pics you can see it
Customer reply replied 6 months ago
D.Tilly
IP Lawyer: Attorney2, Attorney replied 6 months ago

The letter demands that you cease and desist production and distribution of the work how would you still be using the work if the store is no longer in your name and there is no written agreement with the new owner

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Customer reply replied 6 months ago
BUt then surely he is selling the coasters with her name on it without her permission
IP Lawyer: Attorney2, Attorney replied 6 months ago

If that is the case the issue is between them.

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IP Lawyer: Attorney2, Attorney replied 6 months ago

You were given permission. He was not. You cannot cease and desist an action you are not taking.

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Customer reply replied 6 months ago
but I can not have that happen as the new owner bought it from me thinking that he owned the art for all products in the store.
Customer reply replied 6 months ago
I just did not think about this particular product. I naively thought I had down her a huge favor of already paying her way more than what the art is worth...
IP Lawyer: Attorney2, Attorney replied 6 months ago

He believed that you signed all the intellectual property documents? He did not inquire if the rights passed to him?

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Customer reply replied 6 months ago
I told him all artwork is his. So I am not going to go back on that.
Customer reply replied 6 months ago
There was other artwork for other coasters etc.
IP Lawyer: Attorney2, Attorney replied 6 months ago

The bot***** *****ne is that she does not want to new owner to sell the product. The only person that had an agreement with her was you. I is unfortunate that this cannot be worked out with her as she would benefit financially. I don't see that you took any malicious actions thinking she would still be selling her product and that nothing really changed.

It may be best for you to contact a local Attorney that can work on a formal agreement that will allow you to honor your word to the person that purchased the store and keep the new store owner safe from any infringement issues.

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IP Lawyer: Attorney2, Attorney replied 6 months ago

Where in California is this occurring?

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Customer reply replied 6 months ago
San diego
Customer reply replied 6 months ago
Ok so actually I am not getting any advice here.
Just the recommendation to contact a lawyer!
IP Lawyer: Attorney2, Attorney replied 6 months ago

We need an agreement to protect the promise you made to the new store owner. And we need her to agree. That is a solution. Did you want me to draft a contract?

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Customer reply replied 6 months ago
No. Not too impressed here. Thanks anyway but learned nothing.
IP Lawyer: Attorney2, Attorney replied 6 months ago

I think there may be some confusion on the terms of the site you should have agreed to at the time you logged on.

http://ww2.justanswer.com/terms-service-0

It is an issue when assumption are made on whether your permission to use someone's intellectual property automatically assigns to another person. The answer is unless you had a written agreement that stated this you would have an issue.

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I am sorry that you made conclusions that were not backed by the law.

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Customer reply replied 6 months ago
Did not see any terms. PLease issue a refund. Thanks
IP Lawyer: Attorney2, Attorney replied 6 months ago

You would need to contact customer service as the attorneys have no access to your account. PLEASE LET CUSTOMER SERVICE KNOW that they never provided TERMS OF SERVICE to you.

"Me

The Attorneys do not have access to customer account information. You will contact costumer service at US / Canada 1-***-***-****

In the meantime I happy to work from here at NO additional charges to you.

21 Dec 2017, 12:21 PM"

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