Legal Question in Intellectual Property in California

Hello,

Not sure if this is something any of you lawyers have experience with these types of cases.

Here it goes....

In March of this year I had been looking for a way to make some extra cash and ran across a

website that sold P90X, Insanity....etc from China. Out of ignorance I quess, I ordered 10 pcs

of the P90X and failed to realize this website was selling Bootlegs (copies of the originals).

I waited to recieve the pacakge..wich would normally take 2-3 business days when shipped

via DHL shipment. Didn't receive product..waited almost 2 weeks. Finally recieved information

from seller that package had been seized by customs and I would be receiving a letter from them

in about a month. Once I was told (in the letter from customs) they were Bootlegs, I imediatley asked seller for a refund. wich he gladly gave to me and offered to reship product again for me for

free. I declined.

well about three months later I receive a letter from an attorney stating to contact his office and that Beach Body LLC is looking to sue me if I don't pay up! I told him I never recieved the product,

it was destroyed by customs and I received a FULL REFUND and can provide proof. He then stated if I provide proof, that should be sufficeint for them. I did so on August 16 and thought that

was the end of it. Yesterday I received a letter from the attorney....AGAIN..saying they want money....$1000.00 to be exact ,for what amounts to the hiring of the attorney and so forth.

My question is am I required to pay these fees when I never profited or even received product?

Hope someone can answere this before I am forced to pay up!

Thanks!


Asked on 9/13/11, 11:00 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Even when you go to court and lose, each party ordinarily pays his or her own attorneys. Here, you haven't been to court, haven't admitted and wrongdoing, haven't been sued or charged. I find it difficult to imagine why you would be liable for any attorney fees. If they were telling you this was their settlement offer, that'd be another thing, but it seems to me they have admitted and continue to admit they have no substantive claim against you. I'd respond by asking them what statute or court order requires you to pay their fee.

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Answered on 9/13/11, 1:15 pm


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