Have you received a demand and notice of litigation from Richard Garbarini and/or his law firm GARBARINI FITZGERALD P.C.? If so, you are one of many who may be surprised to see in all caps and bold letters that you were sent a notice of litigation, demand to cease and desists, and demand to preserve documents related to allegations of copyright infringement.
Instead of simply ignoring and discarding this notice, go ahead and contact us with a copy of the letter. We keep all communications confidential, pride ourselves on quick and active responses, and do not charge for initial consultations.
Richard Garbarini of GARBARINI FITZGERALD P.C. will typically begin by disclosing whom he represents and what the copyright infringement claim is all about. The firm seems to represent various types of copyright plaintiffs including those who believe that their copyrighted recordings and compositions have been copied, publicly performed, and/or synchronized without license or authority. If the letter does not state where the infringing content is located, then be sure to request such information.
Additionally, letters from Richard Garbarini of GARBARINI FITZGERALD P.C. commonly assume that you did not possess a license or other right to use the copyrighted content. Make sure to double-check that you did not possess a valid license and/or had other grounds to use the copyrighted content before assuming guilt. It is also possible that you possess appropriate defenses under doctrines of fair use or de minimis use.
Richard Garbarini of GARBARINI FITZGERALD P.C. should identify the standard licensing fee for the copyrighted material and if not, this is information you will want to request, particularly a history of licensing that is the same or similar to your alleged copyright infringement activity. Outside of the defenses listed above, you may be able to use any financial distress to your advantage in negotiating down GARBARINI FITZGERALD P.C.’s demand.
Again, you do not want to simply ignore the Garbarini letter, but instead, contact us for assistance. Ignoring such a letter will likely lead to the initiation of a legal dispute in federal court and drive up the price to settle the matter peacefully. It will also require that you spend more money on your own legal counsel to defend against the lawsuit while it remains pending. Note the unilaterally set deadline in the correspondence and be sure to reach out to us or another law firm within the allotted timeframe.