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 Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33243
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I received by certified mail a demand letter from Johnson &

This answer was rated:

I received by certified mail a demand letter from Johnson & Pham representing BMW. The claims they make are true, we did sell products with BMW logos on them. We have decided to try and work out a settlement with them but am not sure on a few things and was wondering if you could answer a few questions.
1) Is there a formula of sorts that is used to determine damages?
2) If the settlement is too large and we want to go to court, where would the suit be filed? We live in Missouri and they (Johnson & Pham) are based in CA, would they be able to file a case in CA or could get it in MO. Our only connection to CA is a sales tax number that we were required to get for selling items on Amazon.
Thanks

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

They usually try and file where they are located. However, there is really no formula that is used.

Dwayne B. :

They make some kind of arbitrary demand.

Dwayne B. :

My suggestion would be to not admit anything but hire a local lawyer to write them back and offer some kind of minor settlement to avoid messing with them.

Dwayne B. :

This company is a bottom feeder, they troll ebay and other sites just looking for people to sue. However, they rarely actually bring the lawsuit and usually just threaten and then if they don't get a response you never hear from them again unless you admit you did it.

Dwayne B. :

By getting an attorney to write and answer the letters you show a willingness to fight and in addition what the attorney says can't be used against you.

Dwayne B. :

Plus it should be relatively inexpensive to have an attorney handle this and he should be able to get the offer lowered enough, if you use him from the beginning, to justify the fees.

Dwayne B. :

We get questions on here all the time about this firm and the people almost never get sued.

Customer:

Should I look for a lawyer who specializes in trademark infringement?

Dwayne B. :

You can look for one. It could be called trademark infringement or it could be called intellectual property. You can look in the local phone books, at www.lawyers.com, or Google.

Dwayne B. :

However, if you can't find one just look for one who does civil litigation at this point.

Dwayne B. :

All you're trying to do is scare them off a little. They don't make any money going to court, they make their money by people settling fast.

Customer:

Thanks for the info, you've been a big help.

Customer:

If I have additional questions how can I get back to you?

Dwayne B. :

You're very welcome and I hope it works out well for you. Just don't let them intimidate you, they are the bottom feeders of the legal profession.

Dwayne B. :

Once you issue your Positive Rating the question will lock open and no longer time out so if you have a follow up to this question you can just come back here.

Dwayne B. :

If you have a new question then you can just start it with FOR DWAYNE B and I'll pick up when I see it. I'm online for at least a few minutes each day.

Dwayne B. and 2 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.