Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
J & P are notorious for this type of activity
i see the review
so is is true that they say you have already been sued?
alot of people have reviewed about them
i was being servied
have you been served with a complaint? or are they just threatening to sue?
a lady delivered papers to my house
ok i see
im preety sure if i send them my invoice they will back out
as those items were bought from there authorized resellers
well if you have been sued already then you need to go through the procedures of litigation, no direct contact or cummunication should be made
no info should be handed over...in litigation you only give something if it is required by the court or properly requested by the other side
the papers i recieved sayting i need to contact there lawyer in 21 days
of court, you can talk settlement....but an attorney should be representing you
if their suit is objectively baseless then you may be able to win your attorneys' fees and costs
do i need to contact the court or there lawyer
well you have a certain amount of time to prepare and file an "Answer" to their complaint, usually 21 days, and it is common to ask the other side (and the court) for an extension if needed
but you definitely need to meet with (and retain) an IP litigation attorney asap
what are the posibillity that i will win the case from such a big company i have limited resources
but i am very confident that all my products are 100% ligit
not being bought from china
or any oter source
i have over 63thousand satisfied custoemrs
i can't say that, too many variables, but without an attorney you will likely lose
none of them said the product they received was counterfiet
attorney asking a lot of money
whats the best way to get an attorney
and it will be a full time job for you to represent yourself and try to figure out the basics....even then you will make maistakes that may cost you
like hourly , comission owhat way?
attorneys are all different and you can work out special arrangements depending on your situation
but most work hourly
if you case is strong they may be confident that they can win attorneys' fees for you and that might make a big difference
how much a case like this usually cost?
i am in texas and they are filing a case in california
it really depends on how much they think is at stake and how active they are in litigation, and also how far it goes
if my vendors are under a contract with otterbox does that apply to me also?
I think you should contact some local IP attorneys that you can meet in person and go from there
well not that particular contract because you are not a direct party to it, but that contract may cover your situatuion. you may also be able to seek "indemnity" from who you bought it from, but that depends on your agreement with them
ok...should i be charged for initial consultation by a ip lawyer?
and you should shop around and see who you are most comfortable with
ok good..and 21 days is working days or calander days?
i received the letter on april 6th
calendar days and if it falls on a wknd/or court holiday then you go to the next business day
and internet is the best way to find a lwyer?
sure, best of luck!
any website i can see there ratings?
yes, like lawyers.com. or just do google searches for IP attorney and your city/state
ok thanks for the answer
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