Re: What do I do?


Terry Carroll (
Thu, 15 May 1997 11:23:57 -0700 (PDT)

Kent brings up some good points, and jars somethings I should have
mentioned in my last post on this.

On Thu, 15 May 1997, Kent Landfield wrote:

> Hire a cheap laywer

talk about oxymorons...

> If you're a student, contact the University legal and see what they can
> do for you.

Here in the U.S., a lot of law schools run legal clinics using their law
students. You might want to see if any of your local law schools do the

> I might first call Ace Cycles, ask for the owner. Inform them that the people
> that did their web site have stolen material and placed it on Ace Cycles web
> site. This is placing you in a position of having to take legal action if it
> is not immediately removed. (It appears they had someone else build their site
> so they may not know of the problems.)
> As previously suggested, have the laywer write a cease-and-desist letter.
> Send the letter registered with a return notice request.

In addition, the web site is very probably not operated directly by the
cycle shop. This means that the operator of the web site is also on the
hook for any infringmeent. Call and write them as well, point out that
their site is infringing and demand its removal. If they have any decent
lawyers at all, they will realize that they're jointly liable (the bike
shop may have indemnified them (that is, agreed to reimburse for legal
fees and judgment awrads), but that's a matter between the hosting site
and the indemnor to work out. In the meantime, they're still liable to
you, and it's their problem to seek whatever reimbursement they're
entitled to.

For that reason, I always CC: a webmaster/postmaster when complaining of

Terry Carroll       | "The invention provides means for continuously
Santa Clara, CA     | trapping sparrows and supplying a cat and     | neighborhood cats with a supply of sparrows."
Modell delenda est  |                - U.S. Patent no. 4,150,505