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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello, The lawfirm Johnson Pham LLP mailed a summons to

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The lawfirm Johnson Pham LLP mailed a summons to me, alleging they purchased a Speck phone case from me on eBay that they allege is counterfeit. The product is not counterfeit, and I know the source. What is the suggested approach? Ask them to produce evidence, and take the matter to a trial? It seems like this firm is using a practice that is similar to legal extortion to get money out of whoever is willing to budge. Is this conduct legal / ethical? Are there are any legal recourses against such conduct?



Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney here to assist you.


You have to respond to the summons by filing an answer. You should allege in your answer that the product is not fake and demand strict proof of their claim that it is. If you can't resolve this and you're confident that your item is not fake, you should proceed to trial and prove to the judge that this isa legitimate item.

Customer: replied 5 years ago.
Thank you. Under federal law, can a firm simply file lawsuites, and place me under the burden to undergo cost and effort, without having proper basis for it? Is there a way to counter claim for filing bogus complaints?
They have to have a reasonable basis to file the claim. If they don't, you can file a counterclaim against the plaintiff under the litigation accountability act, which penalizes people for filing fraudulent and frivolous complaints.
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