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On Tuesday, October 21, 2014, our firm dismissed the case against Getty Images.  The dismissal was in response to a “Covenant Not to Sue” that Getty Images provided to our firm that says that, contrary to their first letter, they will not sue us for copyright infringement.  The “Covenant Not to Sue” Getty provided was a guarantee of sorts from Getty that we did nothing wrong by using Zemanta to display content relevant thumbnails and links on our website.

Getting the “Covenant Not to Sue” from Getty was a win for us.  Could we have fought for more?  Maybe.  We are litigators after all.  And fighters (with words, not swords since the pen is mightier).

But we decided to take a little of the advice we give clients.  Litigation is unpredictable.  Litigation takes lots of time and resources.  Litigation is stressful.  Litigation is distracting.  So if you choose to litigate, choose wisely.

Ultimately, we decided to get back to representing our clients, which is what we do best.




Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.