How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BizIPEsq. Your Own Question

BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
73280834
Type Your Intellectual Property Law Question Here...
BizIPEsq. is online now
A new question is answered every 9 seconds

I am in need of a california attorney to help me settle a claim

Resolved Question:

I am in need of a california attorney to help me settle a claim against me from Johnson pham regarding Otterbox products i sold on line. I used a friends ebay account fort he past 3 years to sell lighting products. when that business got slow i bought other items to sell including the otterbox cases. evidently they were not original, now they are threatning to sue my friend for my mistake. I have sent them emails offering a settlement of 2000.00. they replied that they want all my selling information and contacts. I need help.

thanks
bob
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Bob, I will be assisting you

BizIPEsq. :

Johnson & pham is known for sending threatening letters regarding Otterbox products. How much are they asking you?

Customer:

20,000

BizIPEsq. :

have they sent you proof that you actually sold such products on ebay?

Customer:

the real issue is that i used a friends account for over 2 years, he knew nothing about the items i was selling other than the lamps i was buying off of his business. he runs a successful business and i dont want to be the cause of a lawsuit against him.

Customer:

they said they purchased a product on feb 1 2013. i cant verify if they did or did not.

BizIPEsq. :

if you don't have access to the account anymore, can your friend confirm that?

BizIPEsq. :

if they only made one purchase then their real damages are the lost profits of one item

BizIPEsq. :

actual damages are a factor in such trademark infringement court cases - so that's the good news.

BizIPEsq. :

the bad news is that you can't really do the legal maneuvering that one would normally do in such a case because of your friend

Customer:

i still have access to the account, i will verify if we shipped items to california that day. he has not had any use of the account since i started using it years ago.

Customer:

what are the actual damages for one such item, would it be better for me to have my friend settle the claim and i pay him.

BizIPEsq. :

You might as well settle the claim yourself. Your friend would not have the incentive to bargain hard with them.

Customer:

do you know of any resonable attorneys in california who can handle such a case

BizIPEsq. :

what city / county are you in?

Customer:

i have sent the attorney emails stating i want to settle, she is demanding all information before going forward, i now know why, if i give her actual sales and customers she can then add them to the list of possible fakes.

Customer:

i live in Iowa USA

Customer:

how to you suggest i proceed with her equests for the information from paypal, i dont have any other receipts other than paypal information

BizIPEsq. :

does your friend live in Iowa as well?

Customer:

yes he does

BizIPEsq. :

you are correct about the demand for information. You are very smart for not giving them any additional info.

BizIPEsq. :

In my opinion, based on what I have seen, you have the option of playing a hard game with them. Look if you only sold one case and they don't have info about any other sales they will have a very tough time arguing that they have 20k of damages.

Customer:

can they get there records through a court order

BizIPEsq. :

they can but all such procedures cost money. Now remember that if they sue they will likely sue in CA but you and your friend live in Iowa. This means that even if they win they will still have to come to Iowa and somehow enforce a judgment against you.

BizIPEsq. :

these are fairly expensive legal procedures. 20k is not enough money to justify all this

Customer:

they do have the ebay information regarding sales history and feedback, she made the comment in a email that i sold 733 caes for a total of 16,000.

BizIPEsq. :

If I were you I would either demand that she provide you proof that such product was sold or if you do want to continue to offer them the 2k stay firm and just offer the 2k

BizIPEsq. :

obviously I cannot predict what they would do but the economics of court procedure especially ones out of states are known.

Customer:

looking at their past history they have brought cases to court and won large amounts of money, the 20,000 was to settle if it goes to court they will be asking for much more

Customer:

how do i avoid the paypal information request

BizIPEsq. :

Such info may or may not be admissible. They would need to subpena such records from ebay as part of a trial or in preparation to a trial

BizIPEsq. :

you cannot if they get a court order then paypal has to turn it over

Customer:

she is aking me to get it to her asap.

BizIPEsq. :

I understand but at this time you are under no obligation

BizIPEsq. :

she is asking you to do her work...

BizIPEsq. :

in conclusion, if I were you I would either demand proof or be firm with the 2k offer.

Customer:

what actions can they take against the owner of the ebay account, if i admit my guilt as to all actions on the account for the past 2 plus years, all finacial information has been filed on my tax returns not his.

BizIPEsq. :

you also do not need an attorney in CA at this time. I would consult with a local attorney who would help you figure out an aggressive settlement strategy. At this time you would be better off with someone you can actually meet with.

BizIPEsq. :

they could sue both of you.

Customer:

thanks for your help

BizIPEsq. :

please rate my service

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and 2 other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions