Legal Question in Intellectual Property in California

We've received a cease and desist letter from a company, to stop including their IP with our product. We believe we acted in accordance to their EULA, which states that the license to use their IP is transferable, as long as the end user accepts the terms. Simply put, we buy their software - the license to use their IP, then resell it to the end user for use with our product. The company is accusing us of infringement, but they don't know our process (that we believe is in accordance to their EULA). How do we handle this, to comply with their C&D but limit liability to their claims?


Asked on 7/05/12, 11:33 am

2 Answers from Attorneys
Daniel Pepper Pepper Law Group, LLC

I strongly recommend you speak with an attorney who can review the terms of the EULA and apply its terms to your actions. Additionally, what's NOT in the EULA can be very instructive.

If you'd like to discuss your situation with me further, feel free to contact me.

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Answered on 7/05/12, 11:46 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd also suggest that you arrange a meeting with the company to explain your position and see exactly what they think violates your rights under the EULA. A common understanding of the facts may help defuse the situation before you run up litigation expense. There may be a misunderstanding that can be corrected.

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Answered on 7/05/12, 2:05 pm


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