Sometimes the ignorance and plain stupidity of people really astounds me, this current suit doesn’t surprise me in the least, and it’s difficult to feel for the defendant, considering the facts of the case. It would appear that Attorney Evan Andersen had sent a cease and desist / demand letter to defendant Larry Fowler of National Direct Lead Systems Inc.
The image in question was used a total of 6 times on 2 completely seperate websites, as if this wasn’t bad enough the defendant did not remove the images, which is ALWAYS the first coarse of action to be taken. Secondly Mr Fowler also called the photographer in question ( LEIF SKOOGFORS) to discuss the issues at hand. This is also not generally recommended, as the letter recipient could very easily make statements,that could come back and bite them in the ass…
Then there is this: “At the time of the filing of this lawsuit, Defendants continue to display the Infringements”…..the infringement was discovered on 2013, it’s now 2015 and the images were still being used…how is one supposed to feel any sympathy at this point? This is not rocket science!, were the images that important to the alledged infringer that they remained on the site for 2 years after being notified?
I foresee this as an uphill battle if it goes to trial, the defenadant will easily be served as he resides fairly close to the Atlanta Law office of Carolyn Wright, or he can also easily be served at the Texas location where the defendant has a registered agent. for the corporation..
This is a case we’ll be watching closely to see how it developes.
Click below to download the official complaint.