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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2993
Experience:  Experienced in intellectual property law
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i received a letter from Johnson & Pham that i have been sued

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i received a letter from Johnson & Pham that i have been sued by otterbox for selling counterfeit item. All my item were being bought from there authorize resellers. I have invoices that i bought from a dealer who are selling otter boxes in usa not from china or anywhere else. All of my items were being bought from a reputed wholesaler in usa. i sold so many online and have not even a single negative feedback that my item was counterfeit or any of my customers have any problem with the product. Last few days have been really stressful as I am 100% positive that none of my items were counterfeit not sure why they are saying that my items were counterfeit. If their own authorize resellers are selling counterfeit and I had no idea that they could be selling counterfeit will I be liable? Can I take otterbox to court if I have not done anything wrong will they have to compensate for all the stress I am going through?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

hello

Customer:

hi

Alex Reese :

J & P are notorious for this type of activity

Customer:

yupp

Customer:

i see the review

Alex Reese :

so is is true that they say you have already been sued?

Customer:

alot of people have reviewed about them

Customer:

yes

Customer:

i was being servied

Alex Reese :

have you been served with a complaint? or are they just threatening to sue?

Customer:

a lady delivered papers to my house

Alex Reese :

ok i see

Customer:

im preety sure if i send them my invoice they will back out

Customer:

as those items were bought from there authorized resellers

Alex Reese :

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

Alex Reese :

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

Customer:

the papers i recieved sayting i need to contact there lawyer in 21 days

Alex Reese :

of court, you can talk settlement....but an attorney should be representing you

Alex Reese :

if their suit is objectively baseless then you may be able to win your attorneys' fees and costs

Customer:

do i need to contact the court or there lawyer

Alex Reese :

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

Alex Reese :

but you definitely need to meet with (and retain) an IP litigation attorney asap

Customer:

what are the posibillity that i will win the case from such a big company i have limited resources

Customer:

but i am very confident that all my products are 100% ligit

Customer:

not being bought from china

Customer:

or any oter source

Customer:

i have over 63thousand satisfied custoemrs

Alex Reese :

i can't say that, too many variables, but without an attorney you will likely lose

Customer:

none of them said the product they received was counterfiet

Customer:

attorney asking a lot of money

Customer:

whats the best way to get an attorney

Alex Reese :

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

Customer:

like hourly , comission owhat way?

Alex Reese :

attorneys are all different and you can work out special arrangements depending on your situation

Alex Reese :

but most work hourly

Alex Reese :

if you case is strong they may be confident that they can win attorneys' fees for you and that might make a big difference

Customer:

how much a case like this usually cost?

Customer:

i am in texas and they are filing a case in california

Alex Reese :

it really depends on how much they think is at stake and how active they are in litigation, and also how far it goes

Customer:

if my vendors are under a contract with otterbox does that apply to me also?

Alex Reese :

I think you should contact some local IP attorneys that you can meet in person and go from there

Alex Reese :

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

Customer:

ok...should i be charged for initial consultation by a ip lawyer?

Alex Reese :

no

Alex Reese :

and you should shop around and see who you are most comfortable with

Customer:

ok good..and 21 days is working days or calander days?

Customer:

i received the letter on april 6th

Alex Reese :

calendar days and if it falls on a wknd/or court holiday then you go to the next business day

Customer:

ok...thanks

Customer:

and internet is the best way to find a lwyer?

Customer:

ip lawyer?

Alex Reese :

sure, best of luck!

Customer:

any website i can see there ratings?

Customer:

any website?

Alex Reese :

yes, like lawyers.com. or just do google searches for IP attorney and your city/state

Customer:

ok thanks for the answer

Alex Reese :

you're welcome

Alex Reese, Lawyer
Satisfied Customers: 2993
Experience: Experienced in intellectual property law
Alex Reese and 2 other Intellectual Property Law Specialists are ready to help you

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