Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

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: 1 month ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 3 minutes by:
12/21/2017
IP Lawyer: Attorney2, Attorney replied 1 month ago
Attorney2
Attorney2, Attorney
Category: Intellectual Property Law
Satisfied Customers: 7,894
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.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Attorney2, Attorney replied 1 month ago

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

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
Hello so it would be way easier if we could speak?
Customer reply replied 1 month ago
You still there?
Customer reply replied 1 month 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 1 month ago

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

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Attorney2, Attorney replied 1 month 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.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month 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 1 month 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 1 month ago
She told me I need to contact her lawyer.
So I just want to know legally where I stand.
Thanks
Customer reply replied 1 month ago
Letter attached
IP Lawyer: Attorney2, Attorney replied 1 month 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?

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
what sholud I say to the lawyer given that I emailed her yesterday
Customer reply replied 1 month ago
you are saying that the cease and desist letter has absolutely no chance of being enacted?
Customer reply replied 1 month 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 1 month ago
D.Tilly
IP Lawyer: Attorney2, Attorney replied 1 month 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

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
BUt then surely he is selling the coasters with her name on it without her permission
IP Lawyer: Attorney2, Attorney replied 1 month ago

If that is the case the issue is between them.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Attorney2, Attorney replied 1 month ago

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

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month 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 1 month 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 1 month ago

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

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
I told him all artwork is his. So I am not going to go back on that.
Customer reply replied 1 month ago
There was other artwork for other coasters etc.
IP Lawyer: Attorney2, Attorney replied 1 month 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.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Attorney2, Attorney replied 1 month ago

Where in California is this occurring?

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
San diego
Customer reply replied 1 month ago
Ok so actually I am not getting any advice here.
Just the recommendation to contact a lawyer!
IP Lawyer: Attorney2, Attorney replied 1 month 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?

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
No. Not too impressed here. Thanks anyway but learned nothing.
IP Lawyer: Attorney2, Attorney replied 1 month 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.

"7. Information Not Advice; No Client-Professional Relationship
Answers of Experts on the Site are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice.For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Experts do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site.

Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms." http://ww2.justanswer.com/terms-service-0

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

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
Did not see any terms. PLease issue a refund. Thanks
IP Lawyer: Attorney2, Attorney replied 1 month 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"

Ask Your Own Intellectual Property Law Question
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,106
3,106 Satisfied Customers
Experience: Experienced in intellectual property law

Alex Reese 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

859 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 need all i can posible do to earn my copy rights? The
i need all i can posible do to earn my copy rights? The rights of the Athor. … read more
Bill Attorney
Bill Attorney
law
1,723 satisfied customers
I wish to purchase an eBOOK version of the reference book
I wish to purchase an eBOOK version of the reference book ("Handbook of Zeolite Science and Technology"). I am a college professor doing research, and up to now I have only purchased printed books and… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,156 satisfied customers
Well, I have submitted my Copyright material which is a Web
Well, I have submitted my Copyright material which is a Web application numerous times and I can seem to get it done. its been a year since i started. I am sure it is due to my severe ignorance. Is th… read more
Bill Attorney
Bill Attorney
law
1,723 satisfied customers
A volunteer at our non profit organization without
A volunteer at our non profit organization without permission has posted a promotional video for an event on FB and U-Tube using a current pop song by ACDC called "Shoot to Thrill". How can I check fo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am the publisher of record of a soon to be recorded song
Hello! I am the publisher of record of a soon to be recorded song and music CD. In registering the assumed name, would it be better to list that I am a "a dba as publisher of record" and the assumed n… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
We are a real estate photography company. In a recent order,
We are a real estate photography company. In a recent order, client hired us to photograph a school. In the batch of photos uploaded by photographer, i noticed shots of groups of children sitting in c… read more
Lori
Lori
Juris Doctor
574 satisfied customers
I am a church choir director and I am insistent on using
I am a church choir director and I am insistent on using original music. My choir is constantly losing music and it is costing me a fortune to replace lost copies. If I have the original copies can I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can i use the name Twittish as my company name? it's a
Can i use the name Twittish as my company name ? it's a social networking app like facebook. … read more
Bill Attorney
Bill Attorney
law
1,723 satisfied customers
I've created a word font design I wish to copyright and use
I've created a word font design I wish to copyright and use in for a t-shirt … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,160 satisfied customers
I recently found our that a bookstore is selling my books
I recently found our that a bookstore is selling my books through Amazon without my permission. I am a self publisher, have my own publishing company, an this book is registered in the LOC. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My grandfather wrote a master's thesis in 1936 on log cabin
My grandfather wrote a master's thesis in 1936 on log cabin construction for Michigan State College, (now University). In it are the blueprints of a famous building which he designed, the Chittendon F… read more
Ely
Ely
Counselor at Law
Juris Doctor
455 satisfied customers
Could I get sued for selling a transcript of videos
Could I get sued for selling a transcript of videos copyrighted by professors for educational use? … read more
Ely
Ely
Counselor at Law
Juris Doctor
455 satisfied customers
If I wrote, produced and recorded a piece of music that's a
If I wrote, produced and recorded a piece of music that's a re-interpretation of another track which, clearance to use is pending by the publisher, intelectually in this scenario, what belongs to me? … read more
Blake
Blake
J.D.
76 satisfied customers
If I have a patent/trademarked logo and I put in on another
If I have a patent/trademarked logo and I put in on another major brands clothing is that infringement? … read more
Blake
Blake
J.D.
76 satisfied customers
I JUST RECEIVED A INFRINGEMENT LETTER FROM AN ATTORNEY AND
I JUST RECEIVED A INFRINGEMENT LETTER FROM AN ATTORNEY AND TRYING TO FIGURE OUR WHAT I NEED TO DO … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to know if licensing of celebrities images
I need to know if licensing of celebrities images specifically artwork of them will be allowed when Nesara takes place … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If I am creating a logo for a business, do I need to create
If I am creating a logo for a business, do I need to create my own typeface or can I use an existing one?… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
Do you guys deal with copyright disputes? ...I received
...I received content ID match after publishing a YouTube video … read more
Zachary Glaser
Zachary Glaser
Juris Doctor
3 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