Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
this is a very common occurrence, it is a volume business for the company and J&P law firm. They will not invest a lot of time/money into trying to get money from you, they want quick money and don't want to file a lawsuit since it is not cost effect unless a lot of sales/damages are involved. In many cases, ignoring these guys has worked for many people, as they often give up. If you want to avoid risk all together you can settle with them, they commonly accept far less than their initial demand. You could offer them your profits and leave it at that.
the chances of them suing you are very low (and that risk changes based on the volume of sales at issue)...for example, they will not sue over a few thousand in sales because their damages will be some portion of that and the cost of filing a lawsuit and proceeding will exceed that
they do a lot of bluffing that's for sure. in order to sue you in CA, they would need to have personal jurisdiction over you there, which requires you to have some presence or conduct business there....they will claim that you sell products into CA and point to their purchase of the item, but arguably that is not good enough (and they know that)...but that issue is something to challenge if you are indeed sued.
But if they sue, you will need to get representation in California....you being in Texas and lack of jurisdiction will not be a barrier to them filing the suit, but it is grounds to challenge the lawsuit.....but if you in fact have sold or selling products to CA customers, or have done any business there, then that will not be a defense
I would avoid giving them information and good to not correspond by email...if you speak to them and want to settle you can offer your profit and other info (e.g. supporting documentation), but no use giving them anything unless they agree to that.