Quote:
Originally Posted by garce
A $5,000 WHAT? I do not want to send a complainant a $5000! I don't care if the damages
were frivolous or liquidated! I do NOT want to send ANYBODY a $5000!
HELP!
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Lol. What a difference a missing word or two makes. A $5000 demand letter. A demand that they pay you to settle your claim against them for the frivolous claim. In the example, the claim wasn't just wrong, it was at least frivolous. On a meritless claim where they obviously haven't even looked looked at the page, you have a cause of action against them.
Ebay filed such a suit and won in a case where the images and trademarks actually were used, but it was clearly fair use.