QUESTION
Intellectual property infringement case filed against me by the brand owner
Asked on Mar 31st, 2014 on Intellectual Property - California
More details to this question:
I have been a small-time ebay seller for the last 2 years and recently I purchases a small lot (100 numbers) of branded cell-phone case through a wholesale website "Dhgate". I sold this on ebay (not knowing this is fake) and it turned out these cases were fake. I sold ~15 cases and stopped selling the rest. The brand owner of the cases (California based company) has bought one of the cases and has now filed a case in a CA court through their attorney seeking damages that I have sold fake products, damaged their brand reputation and disrespected their ip. Kindly let me know what I should do. I live in CT, while the case is in CA.
1 ANSWER
First, were any of the 15 cases sold in CA? If not, the CA court lacks jurisdication to decide the case and you could probably get it dismissed. However, the cost of a court action over 14 cases makes it rediculous for either of you to go to court over this. If I were you, if you haven't already, I would send their attorney a letter telling him/her the facts of were you acquired the cases, how few you sold, and how you did not know the cases were fakes along with agreeing to purchase the plaintiff's case only through legitimate sources in the future, requesting a list of source for genuine goods, and include a check for the proceeds of your sales of the 15 cases. I am sure that they will agree to dismiss the case if you do. However, if the date for answering the Complaint is falling due soon, you should respond filing an answer stating that jurisdication and venue are improper and denying all of the assertions in the Complaint other than those which correctly identify you or your company.
Answered on Apr 01st, 2014 at 3:40 PM