IMPENDING FEDERAL LAWSUIT: Complaint Served by Process Server

I was served (by processor server) with a letter from attorney for "Your Baby Can, LLC" stating that they are seeking Money Damages & Declaratory Relief based upon my violation of:
1. Federal Trademark Infringement (15 U.S.C. ss>1114/Lanham Act ss> 43(a)
2. Federal Copyright Infringement (17 U.S.C. ss>501 (2)
3. False Designation of Origin (15 U.S.C. ss>1125 (a)
4. Trademark Dilution (15 U.S.C. ss>1125 (c)
5. Unfair Business Practices (California Business & Professions Code ss> 17200)

This came after I had several craigslist ads up to sell multiple sets of Your Baby Can Read video sets. These were obtained in a group of new & used mixed items that I was reselling. One of the sets was even open & looked as if it had been used! This 2-1/2 page letter is threatening to file suit if I don't pay $10,000 & give them info on where I purchased them; how much I made; turn over the rest of the goods to them. Attached is a 16 page "boiler plate" looking complaint that you would file in court,, listing the Plaintiff & Defendant & has the title "UNITED STATES DISTRICT COURT; CENTRAL DISTRICT OF CALIFORNIA". I don't even live in California. Can this even be filed? I was simply trying to sell new & used items on craigslist & now I am being sued?

I'm not sure how to proceed. I have read other posts about not responding because this appears to be an admission of guilt. Don't see that I am "guilty" of all the items they are accusing me of!! Would like to know if I will get sued & actually have to travel to California!!!! HELP!! Thanks for any input!

Have they actually filed suit? Is it court stamped and identifying all filing information?

Or are they just asking you to negotiate at this point?

No stamps that show anything was filed! Just threatening to file in the letter unless I comply with all their requests. What's puzzling to me is that they show "California" & I don't even live in that state! That is where THEY are located!!

[olive]

You may want to also call the clerk of the court to see if it was filed.

If by chance it was filed you do need to file an answer presumably denying all claims.

The letter attached states that they WILL file. Not that they already have.

It would be hard to win that suit just for you re-selling items you had legally purchased.

Unless they can prove you were knowingly peddling counterfeits, they don't have much of a case.

That is my take on this as well. I believe this letter is a way to strong arm me & get some quick money. Since I have hunted around on the internet, it seems that this law firm sends emails, letter by regular & certified mail as well. I am sure if only a few people each month cave in & pay something, then it covers all of their costs for the entire year!!! WOW! Sounds like quite a scheme..........

Anyone else out there have any thoughts???

I just received this email as well with the attachment from the lawfirm. My stomach has been in knots all day! I'm a teacher and a mother of 4, like I have time to sell counterfeit products of ANY kind. I have the invoice and my credit card statement to prove that I purchased this program legitimately. How can they dispute that? I purchased my program in 2007 and just called their customer service department TODAY to get them to send an invoice. They sent it with no questions asked even after 3 years. I just don't understand what the whole purpose of this was. And what was it about my Ebay selling page that stood out enough for them to pull me and sue me??? I am sending them a nice letter to let them know where they can poke their affidavit. I'm also going to send the invoice and a copy of the credit card statement with my account number blacked out. If they still want to pick a fight with me, I say bring it!

Originally Posted by Unregistered Anyone else out there have any thoughts???

I just got a letter like this as well. I got the dvd set from a friend and am hoping she has some reciepts or something. I posted an add on ebay. 1 set not multiples. Didn't even take pictures of what I have so how would they even assume mine was fake.