Legal Question in Business Law in New York

copyright infringement

We were having a sweet 16 party for my niece. My sister and I bought some syrup bottle (famous name) from the internet. We made centerpieces for the tables and then gave a person from a table one to leave with. I started a small business of decorating lawns for special occasions. I had a pic of these syrup bottles and thought they were cute so I posted the pic on my site. I got a letter from this big syrup company that they want all the monies made, bottles, etc. I wrote back and explained that I didn't even have the bottles, that I never made a penny from them,etc. I just thought they were cute and I could always get more if needed. I never needed them and that was that. Now I get a letter demaning $1500 to settle. Are they crazy. Just for having the pic on my site. Do I have to pay? What will happen if I don't? I don't want to be hauled into court and pay all attorney fees. I don't even do the business anymore, I never took off. Thanks.


Asked on 11/18/07, 8:37 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: copyright infringement

What you've described is a copyright infringement. While negotiation is probably possible to reduce the amount you pay, litigating this will cost far more than settling it...and it's their option as to whether they litigate or not.

There are some other alternatives, as well. If you'd like to discuss them, please feel free to get in touch.

Read more
Answered on 11/18/07, 8:49 pm
Nancy Delain Delain Law Office, PLLC

Re: copyright infringement

You need a trademark lawyer, that's certain. This is NOT something you should be mucking around with on your own. Your lawyer will cost you some fees, yes, but could potentially save you many thousands of dollars.

Hire someone who does trademark work and with whom you feel comfortable. I do trademark work; you're welcome to check out my site and call me if you'd like to discuss representation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 11/19/07, 11:55 am


Related Questions & Answers

More Business Law questions and answers in New York