You may inadvertently infringe someone else's intellectual property, as we did here. If you receive a cease and desist letter, it's a simple matter to correct things. Copyright and trademark holders are required to attack infringement, because if they don't their copyrights and trademarks may become null and void.
Every few months or so I search the Internet for anyone infringing our intellectual property and the CareerLab® brand. I contact my attorney who sends infringers a letter, and most cases disappear easily.
In the letter below, SEARCH SELECT was a CD that contained a database of executive recruiters. I was extracting the list and selling it to a few clients. Kennedy Publications asked me to stop. Here is my reply. This resolved the matter, and I still use Kennedy products today.
September 12, 20-
Mr. Terrence McCommon
Attorney and Counselor at Law
722 Lexington Avenue, #3530
New York, New York 10022
One page sent via facsimile. No original to follow.
Dear Mr. McCommon,
This is a response to your fax to me dated September 6, 20-. You are correct in assuming that our actions regarding the use of the SEARCH SELECT database were oversights, and not premeditated violations of any of the publisher's rights.
We advertised the lists on our Internet website, which became operational in June, 1996. The purposes were to attract visitors to the site and to repay the investment in purchasing the database ($476.00/year). I assumed that if the lists sold, we would need to arrange a licensing agreement with Kennedy. We do have licensing agreements with vendors of other product lines: career testing and software training, for example.
As you requested, here are our sales to date, totaling $49.75:
07/30/- D. Stortz $9.95
07/31/- D. Brookstone $9.95
08/28/- A. Jalai $9.95
09/05/- M. Freed $9.95
09/05/- G. Potelli $9.95
Per your instructions, we have ceased all sales of recruiter lists derived from SEARCH SELECT or any of Kennedy's publications. We plan to continue using SEARCH SELECT only as our in-house database.
In the future if we elect to sell lists of executive recruiters to the public, we will contract with other list compilers to provide the data. Over the years we've had a good relationship with the Kennedy organization, and it's our intention to continue that productive relationship.
Very truly yours,
William S. Frank