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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118305
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have notified a website which involves the case (Trademark

Customer Question

I have notified a website which involves the case (Trademark Infringement) about Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" and Does 1-100 with case no 13-cv-4213.

One member of our Marketplace provide some photos , product of description, video and launch to our website. We are small business and first time to run a marketplace. We lack of manpower to check the trademark of each product. It is very luckily we not know SEO very well so the traffic of this site is very little none of order on the suspect counterfeit items. In my point of views, the impact of our website is limited. PayPal recently received a Temporary Restraining Order ("Order") from the Plaintiff law firm. And my account has been limited.

I have been look for voluntary dismissal with the plaintiff via email but the law firm just reply me they will report my email to their client and respond in due course.

I am abroad from US and I don’t have pacer account to check the document about the case. However I know the case are on the Preliminary injunction stage.

I would like to know do the Court have right to ordered Paypal release the money to Plaintiff though the Defendant’s name is XXXXX XXXXX same with the paypal account name?

What can I further to do and force plaintiff to have settlement with me?

Is writing a pleading letter to the Court is a good method since I cannot appearance to the court? I am abroad from US.

Should I write the pleading letter myself or found some expertise to do so? How can I contact them?
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking

Paypal can take money for theft and fraudulent sales pursuant to their terms of service or they would hold an account until served with a judgment. This ability is part of the Paypal Terms of Service and if you read those you will find that right in there.

If you have been served with a suit, before you do any more negotiations, you need to file an Answer within the time frame indicated on the summons you received, regardless of the fact you are still negotiating. Filing the answer stops the plaintiff from getting a default judgment against you.

Once you file your answer to the suit, then you can negotiate with them to try to get this matter resolved and settled.

If you are a company, then you need to have an attorney by US law to answer the suit. You can find a trademark or intellectual property attorney at the same sites used by other attorneys, or or

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