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Teacher Editor
Teacher Editor, Instructor
Category: Intellectual Property Law
Satisfied Customers: 1339
Experience:  College Instructor
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We were served today by Johnson & Pham representing Adobe for

Customer Question

We were served today by Johnson & Pham representing Adobe for copyright infringement. We had been living in California, recently move to Florida. We are now facing a civil suit in Northern California. We do not have unlimited funds to fight or pay huge settlement. Our business sold refurbished apple laptops. With expenses, returns etc we were lucky to clear $10,000 in 3 years. We have since closed the business due to financial struggle with company. How would you proceed with this?
Thank you for your time and assistance.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Teacher Editor replied 1 year ago.
Hello, is this a threat of lawsuit or is there an actual court stamped document that this has been filed? If it is a threat and the threat is against the business, you may want to call the attorney or write a letter back saying the business is closed. If this is personally against you and not the business or you were doing a DBA in this example, that is more complicated but if this is just a letter, you can also explain the business is closed. If this is an actual filed suit and the business is closed, you should also let the attorneys know this. If this is filed and this suit is personally against you, you will need to either appear in court or hire an attorney to appear for you. Usually these companies send out letters but they usually do not file the actual case as it costs them more to file than to just scare you with a letter.
Customer: replied 1 year ago.

It appears to be an actual lawsuit there is a clerk of the court stamp/ and a Civil Action Number on the paperwork.

The company which is a LLC is named first, than my wife, then myself.

It states we have 21 days to respond. there is a case management conference scheduled for Sept 4, 2015.

So the next step I should take is letting Johnson & Pham know that the business has been closed due to poor sales performance.

Expert:  Teacher Editor replied 1 year ago.
It looks like in this example, your company and you personally are being sued so even if the business is dissolved, this is still an action against you personally as well. You can represent yourself but you can also hire an attorney in California and that attorney may be able to dismiss or settle the case for you without having to have you actually appear in California. The other option is to possibly settle with the company without attorney interaction but if they already filed a lawsuit, this may prove harder to do.

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