So my friend sold some copyright product when he didn't have the license for it..directv had the rights for it in the USA. so he got this email from directv legal attorney. "DIRECTV has filed suit in federal court in California to enforce its exclusive rights, and will vigorously pursue litigation against site.com unless ceases immediately." & He stoped everything though..but he's afraid that they sued him..so what are the steps they will take if he's being sued ? Will they email him the files saying he's being sued or they will find out the real address & mail him hard copy ? What are the steps for Digital copyright sues ? if you know any info it would sure help him.. thanks..
1. Your title is misleading and wrong. You did not get sued. 2. Your friend will be notified if he is sued, either via email or via mail. Most likely though the mail, but there are certain situations where service via email is allowed.
No, his title is right, its the rest of the post thats a lie He's the one that was doing something illegal, not his friend!
yup... i have to bak that one up... sorta the same thing as people on the net saying they have this friend that wants to get laid but doesnt know how and they wanna know how exactly the same thing
You don't receive a email when you get sued... you receive a letter in the mail and its certified. You have not been sued someone just warned you that if its not taken down you will be sued.
ConstantContent should be right. They wouldn't email you if you've been sued. They might email you a warning, though.
If you got a Cease & Desist order - your choices are; to do as the order describes or ignore it... if you ignore they can then sue for damages... if you obey the Cease & Desist order - they can't.
BTW an email is not a Cease & Desist... they may attach the C&D to an email for expedite delivery (or fax) but an attorney MUST register mail it to you... until you receive the registered mail... you can think about following it. I would think someone is pulling a fast one - since attorney's know the processes to follow. Also "we" are not attorney's here... "we" suggest you should contact one immediately if you know you did something illegal.
If you have a product, go to a copyright lawyer. this is what happens if you dont. If you did, you could counter sue the copyright lawyer if he said it was ok to sell. Good luck though anyways. (This is just a guess)
Are you folks lawyers? If you are sued you are most likely to be served personally by a process server. I write law books for entrepreneur magazine...see the following if you'd like to learn the ins and outs of service of process... Personal service is most common and is least likely to be challenged by a defendant. Personal service is accomplished by physically placing the legal documents in the possession of the person to be served. Personal service is usually accomplished by a process server that a plaintiff hires for that purpose. Generally, a person to whom personal service is directed cannot refuse service. If a defendant refuses service, or attempts to refuse service, the process server will simply drop the papers on the ground and say "you are served." A process server must be an adult and in most jurisdictions cannot be a party to the litigation. A process server can be, but need not be, a professional process server. Some jurisdictions impose licensing requirements upon professional process servers. If you wish to make personal service upon an opponent you can hire a neighbor, friend, or relative as long as the person you choose is not a party to the lawsuit. In some jurisdictions personal service can be made by a court official, such as a Sheriff, marshal, Constable, or bailiff. You can find a helpful summary of service of process rules in Chapter 13: Small Claims Court Summaries for All Fifty States later in this book. You should always check with the court for further information about service of process. A variation of personal service is "substituted service." Substituted service is, as it sounds, a way to make personal service upon a party by serving a substitute party, usually at their home or business. California, Illinois, and many other U.S. jurisdictions require that substituted service be buttressed by mailing a copy of the papers to the target of the service. Substituted service often requires that the process server make some showing that personal service could not be made. Again, you'll need to check with the court to determine the specific rules for substituted service. Service by mail can be used in some jurisdictions. Service by mail often requires that the process server make some showing that personal service could not be made. Typically service by mail requires certified mail with return receipt. Service by mail is inexpensive, but also can be ineffective. Service by mail is more easily challenged by a defendant as improper notice. Furthermore, some defendants will simply refuse to accept the service which will delay a plaintiff's case.
Yup... and before that time 99.9999% it's a hoax... the other 0.0001% is some guy representing himself because he can't afford an attorney (or his get rich quick bluff didn't work).
he has to be served with papers. DirectTv has a full legal staff on retainer, so don't mess with them. They will take you to court if you don't follow their orders.
Quite often in the cases of domain trademark infringement the party who has had their mark infringed will request an ex parte temporary restraining order pursuant to 15 U.S.C. Section 1125(d)(1). It will be granted in most circumstances. [Now your domain is locked by the registrar] Then they will file a Federal trademark infringement action which can often be served via electronic means, as courts will allow it pursuant to Rules 4 and 5 of the Federal Rules of Civil Procedure. Now, instead of just giving up a domain name that is infringing, you are facing thousands of dollars in legal fees just to give it up. Honestly, if you are not making substantial amounts of money from an infringing name, and you live in the United States, you should give it up before the fight. It is usually a simple business decision.
hmmm... OK sorry mate "I didn't receive it"! Now prove that I did? NO ONE WILL EVER GO TO LAWSUIT AND WIN IF YOU DIDN'T SEND A C&D TO THE PRECISE PERSON/COMPANY... and any 1st year student can refute a C&D that was emailed, fax'ed, or sent to "just any old receiver". If I didn't receive it... it didn't happen.
I got this one of these shitty emails when i ran a porn forum, dont even worry about it, had me shook up for a few days as it seemed so serious. just ignore it and dont respond. they do this obviously to scare you and not do it again. best thing u can do is quit using there shit and get on with it.
A C&D letter is nothing more than a declaratory statement that if certain action then legal recourse will be sought. It is not a legal document. It does not have to be prepared by a lawyer. It does not have to be filed, nor does any claim need to be filed to send a C&D. By itself, it carries no legal weight. There is no requirement to send a C&D before filing a lawsuit (though there are plenty of judges that do not like it when people start the process with the court system). In short, a C&D can be sent in any fashion and one does not have to prove that it was received, only that an attempt was made. Again, this is because it is not a legally binding document. Now, if a person fails to comply with the C&D and the company files suit, in most jurisdictions the suit papers must be served. That is a totally different set of documents, however.
Understand completely... and while I agree with your post I still disagree with your overall premise. A legal firm or attorney representing a client will reduce their client's liability, costs or loses to as little as possible. A C&D is the most cost effective & time effective means to doing this. Let us look at what you suggest: Seriously? ...an email? ...for filing a suit in the Federal Court in California? why not send the lawsuit since everyone else has it... what... it's a secret to the alleged infringer? Something does not make sense here.