Discussion:
Greetings,
13even is a band from Philadelphia Pennsylvania, well on their way to rock stardom, which is probably why this has happened.
We own the domain names and These domains & the content contained inside them are all copyright 13even (As in we have the official government certificate in hand). We also have the name 13even Trademarked locally.
The owner and operator of the website has created a fake 13even band website (not a fan site) at that address. That site contains content (photographs, music, etc...) ripped word for word (or cut and paste) strait from our official site at They in no way shape or form try to make visitors aware that the site is a fake. They also try selling bootleg merchandise from that website.
I got the merchandise taken down for now… (More merchandise coming soon reads the page on their site). I have repeatedly written emails, letters, and have left message board posts asking the site's owner to remove the site and the content. He refuses to do so. I have also found out that he is using that website as a “portfolio” piece on another website that sells graphic design! That’s making a profit from our name!
I'm no lawyer, but even I know that this is 100% copyright infringement, maybe well beyond that. So what the hell should we do? Every Lawyer wants 500 dollars to write a simple cease and desist order! Have you ever read one? Anyone could write one of those! They’re not worth 5 dollars, let alone 500!
So my question is: Why should we have to pay to defend our copyright? Are there any alternatives, besides nothing, to costly legal fees on our end? Just to get rid of someone trying to profit from our music & hard work? Because most likely the person we would end up suing is too poor to pay and we would end up taken all of the costs on ourselves. All we want is to see that site taken down, anyone who can help us please reply!
Thank you,
-Chris B
Answer:
Why should we have to pay to defend our copyright?
That is the idea behind copyright laws. It gives you an avenue to defend your copyright. And you are allowed to sue for the cost of litigation so in the end it will cost you nothing but time.
Every Lawyer wants 500 dollars to write a simple cease and desist order! Have you ever read one? Anyone could write one of those! They’re not worth 5 dollars, let alone 500.
Write one then.
If this band it going to make it as big as you say, they should have an attorney on retainer for things just like this. As their populartiy grows, so will the instances of copyright infringement. But if you do not want to spend what it will take to protect the band's name and material, you have no reason to complain.
Answer:
Racer,
If we decide to have our lawyer write the cease and desist and go strait to a full-fledged legal battle with these people does the loser have to pay for our legal fees, and if the loser can’t afford to pay the fees? Do we have to pay them?
If I write a cease and desist (in a standard format) does it carry the same weight as one written by a lawyer?
Thanks for the reply,
-Chris
Answer:
One element of the current system in place when one seeks a legal judgement from another is collecting the judgement. It is rare that a judge awards a judgement and the defendant pays on the spot. That is one part of the attorney's job when you hire one is to determine if the potential defendant has the resourses to make a lawsuit worth while. It does no good to sue someone if there is no way possible for them to pay.
A cease and desist letter from an attorney has a little more kick than one written by you. It tells the person that you mean business. Just telling them you will hire an attorney is not much of a threat. If you do write one your self, be strong of word (no if's, but's, or maybe's), be right to the point in explaining your legal copyright is being violated, and make a point that you have contacted others concerning the problem including the host of the site, his ISP, and the attorney general of the persons state. And contact those folks too. I had a piracy problem at a site of mine and the host of his site shut him now when I notified them that they were hosting a site that was violating copyright laws. Also, the more you know about this person the better. A few personal references in the letter lets them know that you know what you are doing.
A search of is recommended. Tells you a lot of important info. Good luck.