Legal Question in Intellectual Property in California

My friend received a c&d letter from a company regarding an image on friends website that wasnt licensed. They were asked to remove it, which they did promptly. A few weeks later they received a letter demanding $2300 for this offense. Friend is in California, I think the company may be based on Canada. There has not been a case filed with any court.

a) with the image already removed and not used for any type of revenue generation, do they have a claim?

b) if we send them a check for a smaller amount and hand write a restrictive endorsement on the back i.e. "By cashing this check, company X accepts face amount as settlement in full and releases us from any current and future claims", does that work?

Thank you


Asked on 7/24/12, 2:38 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's rather unlikely that a company in Canada will sue a defendant in California over $2,300, especially for something as hard to prove as intellectual-property damages. Without more facts upon which to base a "real" opinion, my instinct is to tell your friend to pay nothing until a suit is actually filed and served, if ever. Then, consider making a small settlement offer.

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Answered on 7/24/12, 2:56 pm


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