Cease and Desist? Please help

[firewood]

Did he cite an issued patent number?

 

[diesel]

Wouldn't it be hilarious if the guy who sent you the C&D order was a member of macrumors or reads the forums here?

If so, then to that guy........you sir, are a tool.

 

[DigMe]

If anything you have a claim in your work and you should send him a C&D since you probably do have a copyright on your app.

Just send him a C&D letter to stop sending you C&D letters.

 

[i-John]

If his argument on "infringing" on his work, then we should have only one IM app, one racing game, one Flickr app etc., because after all, they are all "infringing" on each others work since they are putting out similar products.

The only way he can really claim infringement is if you used any proprietary code that he created.

How many timer apps and tip calculators have we seen? They are all pretty much the same, using pretty much the same code.

 

[Daremo]

I can show him a great magic trick he could use to help offset this iPhone coin trick... I can make my entire shoe disappear up his ass.

 

[Macjames]

I can show him a great magic trick he could use to help offset this iPhone coin trick... I can make my entire shoe disappear up his ass.

What! thats my magic trick expect a C&D letter my friend!

 

[jah921123]

It does seem pretty odd that he would be sending the C&D letter to Apple instead of you. That's like sending a C&D letter to Best Buy because they're selling a product made by someone infringing on their copyright. In that case you wouldn't send it to Best Buy, you'd send it to the company making the product.

I would definitely talk to a lawyer, though. There's actually a really good service (http://www.prepaidlegal.com) where you pay a monthly fee (ranging from $16-$80) and you get unlimited phone consultations from a law firm they put you in contact with. The law firm will also draft a certain number of legal letters for you each month (C&D's, collection letters, etc.) and will review a certain amount of documents, too. I haven't used them yet (though I'm about to for a business I'm starting) but a friend of mine has used them for a while and swears by them.

Good luck!

 

[alansmallen]

Ignore him. Great APPS!

 

[uberzete]

I don't think Apple would do that, but I might be wrong. Logically, this guy is going about it the wrong way. He should be sending YOU the C&D order, not Apple. Apple isn't developing the application, so the C&D is going to the wrong people. You don't sue the people providing the platform to do the work, if the person doing the work is infringing on you; you sue that person.

Legally, IMHO, you're in the clear, but IANAL.

BL.

I think he's right.

Once you get a C&D from him and its on his lawyer's letterhead then he actually means business. At that point I'd recommend consulting a lawyer if he decides to sue you, you may still need to retain a lawyer to fight a lawsuit that would get tossed day 1. Keep in mind that consultations should be free.