Imagine opening your inbox to find an email like this:
“My name is Jennifer Doe from Doe Law Office. Your website or a site you host is infringing on copyright-protected images owned by my client. Please view the links to my client’s images used on www.yourwebsitehere.com, along with evidence of their established copyrights…”
The email might list websites, quote federal laws, and mention your product packaging, marketing materials, or even your logo design. The tone is accusatory, and it’s designed to alarm you. But should you be worried?
Spam or Serious Threat?
While many of these emails are scams, there are real copyright, patent, and trademark “trolls” out there. These individuals or firms—sometimes attorneys, sometimes consultants—monitor the market for potential infringements and send out demand letters, threatening to shut down your website or sue unless you pay up. But do they have the right to do this?
Understanding the Trolls
The term “troll” might bring to mind the story of the Three Billy Goats Gruff, where a greedy troll demands payment before letting anyone cross his bridge. Similarly, these business trolls often make exaggerated demands for money, backed by threats of costly litigation.
However, despite their unsavory tactics, these trolls are enforcing the legitimate rights of intellectual property owners, who are entitled to protect their assets. But the way these trolls operate can be deceptive and aggressive.
What Should You Do?
If you receive such a message, don’t ignore it! Ignoring it could lead to a lawsuit. The first step is to remove the allegedly infringing content from your site. If the claim is valid, acting quickly can minimize potential damages.
Next, inform the sender that the infringement has been stopped. Sometimes, this is enough to resolve the issue. However, if they continue to make demands, don’t rush to pay their exorbitant fees. These demands are often negotiable.
Don’t Give In to the Trolls
Before you pay anything, consult a qualified copyright or trademark attorney. With the right guidance, you can navigate these demands and avoid unnecessary costs.
We’ve dealt with trolls many times and can help you protect your business. Reach out to us with any questions.