Upgrad LLM

copyright infringement email from nz based legal firm

Data Entry Operator

Hi All. Last year I did a data entry project for a New Zealand based client. Surprisingly today I received an email from a New Zealand based legal firm (AJ Park Law and AJ Park Patent Attorneys) claiming that the work done by me was a copyright Infringement.

The legal firm is asking me to pay NZ$1500 as legal charges to their client and provide them with the contact details of the clients I work for.


What Should I do next? I don't want to share client's details as well.


I am residing in India and the legal firm is in Auckland. Can they be of any trouble if I don't pay them?

 
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Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer

had you entered into any service contract with your client?..anyways the notice sent on email is not maintainable in India.

Total likes : 2 times

 
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Data Entry Operator

many thanks for your response. No I did not enter into any contract with the client. Also I got paid via my friend's bank account.  The only thing I am worrying about is that the legal firm that has sent me the notice is New Zealand's one of the most reputed legal consultant firm and has won many awards in NZ.(As per internet ). That's why I want to know if they can really do any harm to me.

The title of email is " Without prejudice - Your infringing conduct - Copyright infringement"

 
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Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer

can i have look at the complete notice?

Total likes : 1 times

 
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Data Entry Operator

Here is the complete email I received from AJ PARK :

WITHOUT PREJUDICE – YOUR INFRINGING CONDUCT

Copyright infringement

Our ref 6883

 

Dear Rahul

 

We act for Yellow Pages Group Limited ("Yellow").

 

 1. Background

 (In this section they mentioned details of their client Yellow Pages' business)

2. Your infringing activities

 

We have been made aware of (and have supporting email evidence of) your numerous offers and approaches to various New Zealand businesses and individuals regarding the copying of our client's various directories products.

 

Specifically, we have written confirmation that:

 

1.    You are currently selling a copied version of our client's  WHITE PAGES databases.

 2.    You are offering to copy information from our client's WHITE PAGES directories and YELLOW PAGES directories.

 3.    You are offering to sell copied and transcribed information from our client's WHITE PAGES and YELLOW PAGES directories.

 

3. Our client's demands

 

Our client has invested significant time and resources into preparing and maintaining its various copyright-protected databases. While it welcomes honest competition in the marketplace, it will not idly stand by and watch as third parties use its IP and infringe its rights.

 

You have until 5PM (New Zealand time) Monday, 21 April 2014 to do all of the following:

 

1.    Destroy/delete all copies of any databases sourced from our client presently in your possession or control.  Specifically, you must destroy all electronic copies of our client's WHITE PAGES, YELLOW PAGES or YELLOW directories in your possession or control.

2.    Cease offering to copy or transcribe any of our client's WHITE PAGES, YELLOW PAGES or YELLOW directories.

 

3.    Provide us with details as to the number of infringing WHITE PAGES, YELLOW PAGES or YELLOW directories sold and/or distributed by you.

 

4.    Provide us with full contact details of any customer who has purchased an infringing WHITE PAGES, YELLOW PAGES or YELLOW directory from you.

 

5.    Confirm that you will no longer sell, offer to sell, copy and/or transcribe, or offer to copy and/or transcribe any of our client's WHITE PAGES, YELLOW PAGES or YELLOW directories in the future.

6.    Contribute towards out client's legal costs incurred as a result of your infringing activities (currently NZ$1,500).

 

Partial compliance with the above demands will be unacceptable to our client. 

 

Should you continue to infringe our client's rights, we will be recommending to them that take appropriate steps to cease your infringing behaviour (including initiating Court proceedings and seeking an injunction to stop your activities). Our client will be monitoring your LinkedIn, Google Plus, and Twitter accounts on a regular basis to ensure that you cease your infringing activities.

 

We look forward to receiving confirmation that the above demands have been met.

 

In the meantime, our client reserves all of its rights in this matter.

 

Yours faithfully,

 

 
Nary Kalupna
Senior Associate
 
 
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Data Entry Operator

Please Help...

 
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Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer

This notice will have no effect in India, unless they employ an Indian lawyer and send you the notice through him.

Total likes : 1 times

 
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Security

Ignore the notice.. They can't enforce it in  India


Total likes : 1 times

 
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Legal Adviser

As there is no any legal contract between you, simply saying no liability has been there for the breach of contract, so, I must say don't worry about this.


Total likes : 1 times

 
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Data Entry Operator

Hi All, Many thanks for your responses! They have copies of the offers I made to NZ based business owners for typing the whitepages book at lower cost. Which they say was illegal and an act of copyright infringement. Meanwhile the exact information that I copied and offered to copy is ALSO available on their website.  I want to know if they can do anything based on the emails I sent. They will never know about for whom I worked and How I got paid. They just have an email of offers I made. Not of the actual work. 

 
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