Legal Question in Intellectual Property in Washington

Frivolous Lawsuits

Would it be illegal (certainly immoral) to copy someone's work or artwork in order to bait them into a lawsuit you knew they could not win? For instance? A wealthy artist discovers that artwork exactly like his is being sold using the identical names. When he sues to stop the infringement the copycat countersues and in the process employes others to spread as much bad publicity as possible in order to embarass the original artist. The copycat's intent all along was to embroil the artist in an expensive and embarassig fiasco in order to win a lucrative out of court settlement.


Asked on 7/05/07, 10:38 am

2 Answers from Attorneys
Johm Smith tom's

Re: Frivolous Lawsuits

If the truth is on your side, then you could do this, knowing what you're getting into. But if you would be spreading information you can not prove, then you will be opening yourself to the risk of paying defamation damages and who knows what else.

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Answered on 7/05/07, 11:58 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: Frivolous Lawsuits

I think your idea is moronic at least and, at most, can get you into a world of trouble and possibly major losses. Ifyou infringe a registered copyright, and in your case it would be willful, the judge will be drooling as he assesses damages. If the judge is aware that the lawsuit was frivolous, the plainitff's attorney will be drooling as he's awarded attoney's fees. Not last, and certainly by no means least, there's also the possibilty of criminal liaiblity.

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Answered on 7/05/07, 11:09 pm


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