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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Hi, I was served a summons (Citacion Judicial) Let me explain

This answer was rated:

Hi, I was served a summons (Citacion Judicial)

Let me explain the problem, I am an iPhone software developer, I received a summons via Email from another iphone software developer) He claimed that I copied his application idea, therefore infringed his intelectual property.

Problem is, I did not copy, basically my application have totally different design with his app. With different names too.

And another problem is that the summons he emailed me is the Central California summon letter, while I am based in Indonesia.

My question is, is it even possible for him to do that? Or is this a fake summons/ lawsuit?

P.s: My app and his app are available in App Store

BizIPEsq. :

Hello, I will be assisting you

Customer:

Hi

BizIPEsq. :

the fact that you are in Indonesia insulates you to a large extent. However, if the person truly filed a law suit against and you do not defend it the developer will get a default judgment. With this default judgment the developer may serve apple and demand that your app be removed from itunes. They may also petition that any money that apple processes be used for money judgment

BizIPEsq. :

so even though technically you can ignore the suit potentially it can create significant issues

Customer:

Actually the application in matter is in BlackBerry App World, but I mentioned iPhone's app store so that people understand easier

BizIPEsq. :

it does not really matter which app store it is

Customer:

Please wait

Customer:

Let me show you the summon png he emailed me

Customer:

I cant, there is no option to embed image

Customer:

Btw BlackBerry is a Canadian company

BizIPEsq. :

my sincere apologies but the experts on this site are permitted to review documents or comment on specific legal issues

Customer:

Is that taken intp consideration?

BizIPEsq. :

typo: are NOT permitted

BizIPEsq. :

blackberry may be a Canadian company but they do have US presence

Customer:

Could you suggest me what to do?

BizIPEsq. :

Have you reached out to blackberry?

Customer:

Yes

Customer:

They said that they are sending my inquiry to their legal department

Customer:

I forwarded the email to then

Customer:

Them

BizIPEsq. :

I would wait and see what blackberry comes back with. Realistically filing a law suit in Federal court (this is where copyright issues have to be litigated) is a very expensive matter. Maybe the person did file such a law but I would contact the court's clerk to actually confirm whether a law suit was filed.

BizIPEsq. :

this is your best chance if finding out if the person is bluffing or not

Customer:

Oh i see

Customer:

How do I contact them?

Customer:

Actually his app is not copyrighted

Customer:

My app and his app has the same functionality, thats all

BizIPEsq. :

the summon should say the federal court district. Find the court's phone number on google and call them up

Customer:

Kind of like Msn Messenger and Yahoo Messenger

BizIPEsq. :

does the summons have an index number?

Customer:

Let me check

Customer:

There is a case number

Customer:

Xxxx-xxxxx-xxxx(xxx) thats the formay

Customer:

Format

BizIPEsq. :

then call up the court and seek information about the case number. Most Federal courts also have an online tracking system so you may be able to use that as well

Customer:

Okay

Customer:

Thanks

Customer:

Thats all I need to know

BizIPEsq. :

sure thing

Customer:

Thank you for your help

BizIPEsq. :

Please rate my answer

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