1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Cease & Desist Order for Distrubution of Counterfeit Software

Discussion in 'Copyright, Trademark, Patent Law' started by ctrftkid, Feb 3, 2010.

Thread Status:
Not open for further replies.
  1. ctrftkid

    ctrftkid Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    0
    Hello,

    I received a Cease & Desist letter (via email) from Rosetta Stone. I answered the email, and spoke to a representative of the legal division. He informed me that I could settle through Rosetta Stone, or run the risk of pursuance of a court case.

    I informed the representative that I had sold two copies, for 100 USD (total), and he said he would get back to me about resolution. I received a call the next morning requesting the amount of 3000 USD for damages. I only sold two copies, made 100 USD, and am being asked to pay 2000 USD (they have since lowered the settlement amount).

    They say I must agree over the phone to a settlement term of payment, and they said they will only send me legal documentation if I agree to their settlement over the phone.

    I am a college student, looking to pursue law. I'm doing my own research, but any input about the situation would be appreciated. Any advice about law school would be appreciated also!

    Thank You All
     
  2. babo

    babo New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    cease and desist letter

    what ever happened to the situation with rosetta stone?
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    I'm not sure how to answer this one... I am assuming you sold pirated versions of Rosetta Stone. I wouldn't admit to anything further. I'd tell them that the demand is ridiculous, you're a student and you couldn't pay even if you wanted to and even if you were guilty. They should decide what they want and try to close the matter entirely. I would not do anything (such as pay them anything) until they agree to give you a release on the matter, stating that it is in settlement of all claims and that there is no admission or claim of wrongdoing.

    Best of luck to you. This isn't a good precedent for law school so think about what you're doing before you do it.
     
  4. ctrftkid

    ctrftkid Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    0
    @ Babo-RE:what ever happened to the situation with rosetta stone?

    Hey,

    Well at first they were trying to get me to pay 3K in damages, so I stalled as long as I could and eventually lawyer'd up. My lawyer got talked them down to 1100, so I still had to pay, but not nearly as much as I would've had to pay had I not gotten someone to speak on my behalf.

    If you want to know anything else just reply to the thread

    :beer:
     
  5. army judge

    army judge Super Moderator

    Messages:
    31,841
    Likes Received:
    4,740
    Trophy Points:
    113


    Hmmm!

    What did you pay the lawyer, $1,500-2,000???

    Okay, $1,100 + $1,500 = $2,600! Maybe more???

    You didn't need to give these
    flim-flam artists a nickel.
     
  6. ctrftkid

    ctrftkid Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    0
    @ army judge RE: What did you pay the lawyer

    Was fortunate enough to find someone to do it Pro-Bono, so I got really lucky
     
  7. army judge

    army judge Super Moderator

    Messages:
    31,841
    Likes Received:
    4,740
    Trophy Points:
    113

    Okay, I wouldn't have given them a dime.

    But, if you're happy, that's all that matters.

    Okay, I'm DEMANDING you give me $3,000, just because or else. :blush :)
     
  8. babo

    babo New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    cease and desist order

    to ctrftkid,

    okay, so i need some more clarification. did you get an email at first, then a phone call? that's how it started on my end. what exactly did you do? i have been ignoring their calls for about 2 months now. they left me a voicemail the other day to let me know if i was still interested in a settlement agreement i should give them a call back. otherwise they will go a different route, that is court i assume. i do not know what to do. i have asked for advice of different lawyers, but they all give me different answers.
     
  9. babo

    babo New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    okay, so i need some more clarification. did you get an email at first, then a phone call? that's how it started on my end. what exactly did you do? i have been ignoring their calls for about 2 months now. they left me a voicemail the other day to let me know if i was still interested in a settlement agreement i should give them a call back. otherwise they will go a different route, that is court i assume. i do not know what to do. i have asked for advice of different lawyers, but they all give me different answers.
     
  10. army judge

    army judge Super Moderator

    Messages:
    31,841
    Likes Received:
    4,740
    Trophy Points:
    113

    Ignore them. It's a SCAM!!!
     

Share This Page

Thread Status:
Not open for further replies.