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Messages - Defender

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1
Thanks for posting this.  Please keep us updated as to the status of your situation.

2
Here are the most recent cases I've found filed by Higbee:

1.  Alex Maxim v. Skin Body Lounge, LLC, Case #17-00923 - C.D. Cal - filed 2/13/17

2.  Alexander Wild v. Core Pest Solutions, LLC, Case #17-00092 - W.D. Tex - filed 2/8/17

3.  Lived In Images, Inc. v. Arturo Fis, Case #16-01249 - C.D Cal - filed 7/16/16 - voluntary dismissal filed 8/23/16

4.  Jorge Salas v. Antonio Sandoval, et al., Case #16-02276 - C.D. Cal - filed 12/29/16

5.  Alex Wild Photography v. Griffin Pest Control, LLC, Casae 16-00010 - W.D. Tex - filed 1/6/16


3
I did some further research and investigation on Higbee.  It appears they have brought several copyright infringement suits in Federal Court around the country.  I've seen approximately ten suits from 2015 to date.  All suits are filed on behalf photographer plaintiffs (not Youngson or RM Media) and utilize the same cookie cutter complaint.  A review of the dockets for each case show that most did not last long and ended in a voluntary dismissal which leads me to believe that the defendant's settled up quickly.  Again, I found no suits brought by Youngson or RM, but definitely a bunch of similar type suits brought by Higbee. 

4
Thank you Matthew.  Appreciate all that you do on this site.

5
First, I don't understand how RM Media has standing to sue when they are not the named copyright registrant.

Secondly, when they are faced with the entrapment defense, even if unsuccessful, the legal fees alone should make this a losing proposition for Youngson and Higbee.   

Nevertheless, I don't like just sitting back and hoping they don't sue. 


6
Thanks again Matthew. 

But, as far as you are aware, RM and Youngson (via Higbee) has yet to sue anyone?

7
Thanks Matthew.  They gave a 15 day time frame in which to respond otherwise they claim they'll file the suit.  I'm just gonna wait it out.

Question:  can a UK company file in a U.S. Federal Court?  I understand that even U.S. corps need to be registered "to do business" in a State in order to avail itself to the State courts.  Not sure if this applies to Federal courts as well. 

Also, is this a typical Higbee strategy at this point?  Are many other having the same situation? 

8
Just received the template lawsuit accompanying yet another demand letter.  Plaintiff is listed as RM Media Ltd yet copyright registration certificate is in the name of Nicholas Youngson.

Now what?

9
Thanks Matthew.  Great advice and tips on the unsolicited phone calls.

I'm really wondering if you think we should respond in writing (email or letter) telling them to get lost and advising that image was removed and that the image was initially posted on a site listed "free for commercial use".  Is it worth doing that or do we just sit back and wait? 

10
Thanks.  No action taken yet, just a bunch of harassing telephone calls from Higbee office, and most recently a call from a woman claiming to be an attorney indicating she will be filing suit in federal court.  Do I call their bluff and do nothing, or do I file off a letter in response stating image was removed and try to argue they have no claim because the image was on a site listed "free for commercial use" etc etc.  This has been going on for a few months now and they are turning up the pressure.

11
I'm aware of yet another that has been the victim of the Nick Youngson honeytrap and has now received the $5K demand letter from Higbee.  What is the recommended course of action? 

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