I'm being sent charged with violations of United States federal and state laws prohibiting trademark and copyright infringement.
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I'm being sent charged with violations of United States federal and state laws prohibiting trademark and copyright infringement.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Did some lawyer send you this information?
Yes I received an email
[REDACTED] Dear Sirs: The defendants operating the Defendant Internet Stores listed in Amended Schedule A to the Second Amended Complaint are hereby advised: Plaintiff has charged Defendants with violations of United States federal and state laws prohibiting trademark and copyright infringement. A copy of the Complaint, Temporary Restraining Order, Motion for Entry of a Preliminary Injunction, Memorandum in Support and Summons are attached. These and other legal documents may be obtained from Plaintiff's attorney, [REDACTED], [REDACTED], and at the following website: [REDACTED] Any answer or other response to the Complaint should be filed with the Clerk of the Court, United States District Court for the [REDACTED] within twenty-one (21) days from the day you receive the summons. If no appearance or pleading is filed, the Court may render a judgment against the defendants. As always, if I can be of further assistance, please call or e-mail. Regards, [REDACTED]
I need advice on this
I had intention of sending a response to the lawyer but I thought i should seek some legal counsel first
I see what you mean - do you have any idea why they may send this to you? Are you using any Trademarks that may look similar to the [REDACTED]?
Yes I am. I had since removed it
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long
I had sold [REDACTED] on my website. I had cancelled some orders and during the process of researching the cancelled orders i found that the law firm had tried to order some [REDACTED] items in sept but it was cancelled and refunded. Not sure if this will help
Ok so legally speaking, this is really just saying a bunch of nothing. If they had actually sued, then they would have had to issued you a summons IN PERSON. This means that they can't just send emails. What I would recommend though is this: 1. I would email back and state when and in what manner they sent the summons; 2. I would ask them to confirm that you are a defendant in this case and the name that they have; 3. I would also demand a copy of the summons via email as well. Keep in mind that without having properly (in person) served you with the lawsuit, then this email means nothing.
Thanks for helping
Thanks! I think we responded at the same time. My apologies.
Maybe i can send you some documents that was attached in the email to see if it's valid?
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Dear Sirs: Please see the attached copy of the Court’s most recent Minute Order. [REDACTED]. A copy of this Order is also pasted below and a copy can be found in the following link: [REDACTED] United States District Court [REDACTED] Notice of Electronic Filing The following transaction was entered on [REDACTED] at [REDACTED] and filed on [REDACTED] Case Name: [REDACTED] v. [REDACTED] Case Number: [REDACTED] Filer: Document Number: [REDACTED] Docket Text: MINUTE entry before the Honorable [REDACTED]: Before the Court is Plaintiff's motion [REDACTED] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before [REDACTED]." Plaintiff must file proof of service of the Court's statement within two business days. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO") [REDACTED], as well as in Plaintiff's motion [REDACTED] to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See [REDACTED]. Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at [REDACTED] Regards, [REDACTED]
I received this on [REDACTED]. Unfortunately, I was down with influenza for 2 weeks and had only realised this email today.
So all this means is that they got a court to order the defendants from using the trademark, but it doesn't mean that you were actually sued. Without a summons that was handed to you, then they are just telling you what's going on in a case that 's irrelevant to you. Did you happen to see what I posted earlier about what it is you need to do?
What I would recommend though is this: 1. I would email back and state when and in what manner they sent the summons; 2. I would ask them to confirm that you are a defendant in this case and the name that they have; 3. I would also demand a copy of the summons via email as well. You are recommending this right?
Can I reply this way? Please state when and in what manner you've sent the summons and please confirm that I am a defendant in this case and the name that you have. Please also send me a copy of the summons via email as well.
So the document that says summon doesn't apply to me? Even if it states my website in the defendant listing?
Correct - the summons must be served in person. However, I don't know if they have already tried to serve you in this case. This is why I think emailing them to find out when and how they served you is helpful..
I'm actually not in USA so i had not received anything. Just the emails
Also, I have to recommend hiring an attorney because they can determine if you were served, when you were served, how you were served, and defend your claim for you. I don’t have any contacts but try clicking here Also, try this link - https://www.lawyerlegion.com/lawyer-referral-directory You can also try Lawrina - https://lawrina.org/match/ ContractsCounsel.com has lawyers you can find as well. - https://app.contractscounsel.com/client/create-project/step-h1 Sometimes, the local law schools can provide free legal assistance, too. Yelp.com is a surprisingly good place to find lawyers. You can also find lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid).
Thank you
For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?
That is all for now. Thank you
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