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

This answer was rated:

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

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. and 2 other Intellectual Property Law Specialists are ready to help you

Related Intellectual Property Law Questions