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Attorney 1
Attorney 1, Attorney
Category: Business Law
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I am being sued for copyright infringement but the Plantiff

Customer Question

I am being sued for copyright infringement but the Plantiff refuses to show us the deposit for their copyright, claiming they "can't find" the original item that was copyrighted. They are attempting to sue my CA corp that was suspended 6 years ago ( I have since moved to company to NY and have a NY corp). They are also suing my 2 NY corps as well. We are trying to get a lack of jurisdiction for the NY corps, but they have sued the suspended CA corp. What can happen with that suspended CA corp??
Submitted: 5 years ago.
Category: Business Law
Expert:  Attorney 1 replied 5 years ago.

Attorney 1 :

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Attorney 1 :

If the infringement supposedly occured post-suspension, the plaintiff could have sued you, individually. As it seems that has not occurred, consider yourself lucky. If the corporation is not in good standing, and is doing no business and has no assets, there is not really too much to be concerned with, as the judgement would be virtually meaningless. If the NY corporation has not infringed on the mark and has not connection to the old corporation, it is not a proper party to the action. However, if the new corporations are alter egos for the suspended corporation, they are fair game. Be sure to keep clean and separate records.

Attorney 1 :

Another thing to remember is that a corporaton is required to have an attorney to appear in a lawsuit. The corporation cannot be pro se.

Attorney 1 :

Best of luck!


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