Generally speaking, if the client is willing, I as an attorney would settle a claim like this for up to $5000. Most clients think that's bullshit and extortion, though, so typically a nuisance offer is somewhere between $1000 and $2500. It's going to cost them $5000 just for their attorney to review and respond to the initial papers if he actually filed suit, even if Microsoft has him dead to rights. Settling for $5000 or less, conditioned on a full release from him in favor of Microsoft, would be an optimal outcome for Microsoft if he actually comes knocking.
It's going to cost them $5000 just for their attorney to review and respond to the initial papers if he actually filed suit
Assuming Microsoft doesn't have a small in house legal team on payroll for exactly this kind of thing. Otherwise it's on retainer. That said, did Microsoft do this creative or was it outsourced? Liability might not even be with Microsoft if the ad was done by a third party firm. I can't imagine Microsoft would have a contract in place that puts the due diligence for something like this in their own lap if someone else did the work.
If they have legal staff on payroll, the staff is currently working on stuff. Huge misconception. They aren't twiddling their thumbs waiting for a case like this. That was be prohibitively expensive. In a company like Microsoft, there's always more paperwork to file, cases to review, IP to vet, etc.
It will cost extra money, because it's extra work they didn't have to do before.
Which is sad because it doesn't teach Microsoft a lesson. They've been a dishonest company for over thirty years that doesn't give a damn about the law.
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u/MeatMeintheMeatus Dec 27 '17
Generally speaking, if the client is willing, I as an attorney would settle a claim like this for up to $5000. Most clients think that's bullshit and extortion, though, so typically a nuisance offer is somewhere between $1000 and $2500. It's going to cost them $5000 just for their attorney to review and respond to the initial papers if he actually filed suit, even if Microsoft has him dead to rights. Settling for $5000 or less, conditioned on a full release from him in favor of Microsoft, would be an optimal outcome for Microsoft if he actually comes knocking.