Intellectual Property Law
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Johnson & pham is known for sending threatening letters regarding Otterbox products. How much are they asking you?
have they sent you proof that you actually sold such products on ebay?
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.
they said they purchased a product on feb 1 2013. i cant verify if they did or did not.
if you don't have access to the account anymore, can your friend confirm that?
if they only made one purchase then their real damages are the lost profits of one item
actual damages are a factor in such trademark infringement court cases - so that's the good news.
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
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.
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.
You might as well settle the claim yourself. Your friend would not have the incentive to bargain hard with them.
do you know of any resonable attorneys in california who can handle such a case
what city / county are you in?
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.
i live in Iowa USA
how to you suggest i proceed with her equests for the information from paypal, i dont have any other receipts other than paypal information
does your friend live in Iowa as well?
yes he does
you are correct about the demand for information. You are very smart for not giving them any additional info.
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.
can they get there records through a court order
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.
these are fairly expensive legal procedures. 20k is not enough money to justify all this
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.
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
obviously I cannot predict what they would do but the economics of court procedure especially ones out of states are known.
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
how do i avoid the paypal information request
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
you cannot if they get a court order then paypal has to turn it over
she is aking me to get it to her asap.
I understand but at this time you are under no obligation
she is asking you to do her work...
in conclusion, if I were you I would either demand proof or be firm with the 2k offer.
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.
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.
they could sue both of you.
thanks for your help
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