Any Business or Copyright lawyers here.. C&D letter?

[BReeves]

I'm a software developer and have been working in the amusement industry for years.. One of my customers was complaining about getting screwed by the company he bought his Photo Booth from on printer media. I wrote a replacement application that would work on this particular Photo Booth that would no longer require him to use media from the Booth manufacture at three times what he can buy it off the shelf for.

Trying to make a long story short, I decided to see if it was something I could sell to other booth owners. Before I actually sold any I receive a cease and desist letter from the manufacture telling me to quit using the Kingdom name on my web site as they have a contract with the purchasers and what I was getting ready to do fell under a common law called "Tortious Interference"..

They are basically saying I would be enticing booth owners to break the contract they have with Kingdom. All the booth owners I have contacted are saying they didn't sign anything when they bought the booth and a couple have said they weren't even aware of the media requirement till after they purchased the booth and felt like they had been taken.

It seems to me that the booth owner should be able to replace the software on his Photo Booth if he didn't specifically sign a contract. I talked to the lawyer that sent me the C&D letter and asked if I could see a copy of one of these supposedly contracts.. He basically told me he wasn't required to send me anything and I would have to take his word that a contract existed.

This company is Located in Maryland and I'm thinking if they followed through they would file in Maryland. I can't fight a court battle in Maryland but might here in Oklahoma. I would really love to tell Kingdom to get screwed and call their bluff which is all I think the C&D letter is. If I haven't sold anything yet can they actually file in Maryland or would they need to file here where the alleged offence might actually occur?

 

[Dave70968]

You need to talk to a real lawyer, and bring the specifics of the case. Ordinarily, the suit would have to be filed where the Defendant lives or does business, but since you're being accused of enticing people to break their contracts with a Maryland corporation, the Maryland courts might be able to obtain jurisdiction under the "effects test;" that is, jurisdiction attaches where the effects are felt. The fact that the booth owners weren't made aware of the media purchase requirement until after they bought the booths might also be relevant: if that was sprung upon them, then it might not be part of any contract. You still might have to fight that battle in Maryland, though.

Bottom line: get a real lawyer, and take the specific facts to him.

 

[BReeves]

Thanks,

The lawyer we were using moved out of state along with our retainer several years ago. Haven't bothered to look for another one as I haven't really had a need till now. I'm still trying to decide if it's even worth fighting a battle that is really the Booth owners fight. I was sucked into it trying to make a customer happy.

 

[soonersfan]

I am not a lawyer so my opinion amounts to jack squat. However, C&D letters are used all the time for intimidation, some with merit and some without. They might have a case but it isn't a slam dunk by any means. I would think you could easily remedy this situation by claiming that the software work's with brands "like" Kingdom and with a disclaimer that says this product is intended for those who are under any contractual obligation to use a different software. My hunch is that a good attorney could help you write the language without spending a fortune.

 

[Vamoose]

I doubt you're going to get a lawyer to commit to anything in writing on this forum BReeves.

 

[BReeves]

I doubt you're going to get a lawyer to commit to anything in writing on this forum BReeves.

Didn't really expect anyone would.. Was hoping maybe I might get contacted by someone that deals in this area.

 

[Dave70968]

I am not a lawyer so my opinion amounts to jack squat. However, C&D letters are used all the time for intimidation, some with merit and some without. They might have a case but it isn't a slam dunk by any means. I would think you could easily remedy this situation by claiming that the software work's with brands "like" Kingdom and with a disclaimer that says this product is intended for those who are under any contractual obligation to use a different software. My hunch is that a good attorney could help you write the language without spending a fortune.

Soonersfan, the question wasn't whether Kingdom had a case, the question was whether BReeves could be haled before a Maryland court to find out if Kingdom has a case. Even if Kingdom's case is crap, if BReeves has to go to Maryland, hire a Maryland attorney, etc. to prove it, that could be an expensive proposition.

 

[Vamoose]

Didn't really expect anyone would.. Was hoping maybe I might get contacted by someone that deals in this area.

I hear ya. I hope you get to it resolved in your favor.

 

[soonersfan]

Soonersfan, the question wasn't whether Kingdom had a case, the question was whether BReeves could be haled before a Maryland court to find out if Kingdom has a case. Even if Kingdom's case is crap, if BReeves has to go to Maryland, hire a Maryland attorney, etc. to prove it, that could be an expensive proposition.

I understood the question. Since when are we limited strictly to a question in the OP? My point if you missed it, is that if he uses the proper language to mitigate the claim of Tortious Interference, then having to go to Maryland becomes a moot point. In regards to the question, the Maryland courts would have no jurisdiction over him unless he is doing business in Maryland. As we both stated, he needs a legal professional. I was just offering my $.02 which isn't worth a hill of beans.