Re: Another recaster, and i think this time, I'm done..
Yup, I should have clarified. The logical process would be to issue a C&D on a person or business, and then pursue court action is nothing happens. But that's definitely not the way things have to go.... And to my understanding, a C&D can actually be sent by ANYONE, whether they are involved or not with the infringement, whether or not they even hold any rights.
So you could get a C&D from the license holder of the specific item, then also Marvel, then anybody else you are pissing off. I still wouldn't screw with a C&D, unless you can have a way to be sure that it's not legitimate. And even then, you could just **** off the actual holders enough to get a settlement demand letter straightaway, get sued without the warning. Why risk it.
Laellee, you mention a cease and desist is the action taken before court action, but i know of a few people on other sites who sell stuff on eBay and have received a c &d from marvel, they have stupidly (in my opinion) relisted the item and again have received a c&d from marvel over the same item.
Also Gotham garage received multiple c&D's before being taken to court.
Yup, I should have clarified. The logical process would be to issue a C&D on a person or business, and then pursue court action is nothing happens. But that's definitely not the way things have to go.... And to my understanding, a C&D can actually be sent by ANYONE, whether they are involved or not with the infringement, whether or not they even hold any rights.
So you could get a C&D from the license holder of the specific item, then also Marvel, then anybody else you are pissing off. I still wouldn't screw with a C&D, unless you can have a way to be sure that it's not legitimate. And even then, you could just **** off the actual holders enough to get a settlement demand letter straightaway, get sued without the warning. Why risk it.