Legal Question in Intellectual Property in California

I just received an email from Gibney, Anthony & Flaherty, LLP demanding that I pay $475 by next week for my attempt to sell counterfeit merchandise. According to the PDF letter, failure to respond to their demands by May 25 may result in further legal action. I'm a college student, not some illegal distributor of counterfeit items!

Situation: It was for a piece of jewelry that I purchased online under the pretenses that it was real, but I realized it was fake when I received it. So I decided to post it on ebay, but I didn't even sell it because my auction had been shut down before the close date. Also, my post clearly stated it was just a replica and not authentic, for I had no intention of misleading anyone. I called the law firm and spoke with a paralegal and explained that I'm not a counterfeit distributor and that I'm just a college student, and I can't afford to pay their fee by next week. She hung up on me as soon as I started crying. Should I pay their fee? I'm so scared. Please advise me on what to do.


Asked on 5/18/10, 12:47 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think it's very unlikely anyone is going to sue you for $475. 97 chances out of 100, this is a mass mailing to deter "professional" makers and distributors of counterfeits. Big companies don't use small claims court for matters like this, and just the cost to file and serve this in Superior Court would cost the plaintiff well over $475.

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Answered on 5/23/10, 1:08 pm
Kevin B. Murphy Franchise Foundations, APC

As the other attorney says, who in their right mind will try to come after you for $475 these days? The cost-benefit doesn't make any sense. Of course, you can consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/24/10, 7:43 am
James Bame San Diego Law Office

You may wish to respond. For assistance contact me directly.

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Answered on 5/24/10, 1:42 pm


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