Legal Question in Intellectual Property in New York

Plagiarism for Online store

I run a small online store for which I buy goods from around the world. Most of the goods are production over-runs from suppliers to larger companies.

I have recently received ''Complaint & Summons'' from a company in New York stating that I have plagiarised their products. I have been made one of the defendant along with the supplier.

I was never aware of any such violation. I have never been contacted by either the supplier or the company filing the claim on this issue.


Asked on 3/25/09, 9:53 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Plagiarism for Online store

Depending upon how you received the Summons and Complaint, you'll have a limited time in which to respond to it. If the defendant is a corporation, that corporation must respond by attorney.

While it seems from what you've stated that the claim is frivolous, you should not let it go unanswered. To do so would likely result in a default judgment against you.

If I can be of help, please feel free to get in touch, either via phone or e-mail.

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Answered on 3/25/09, 9:59 pm
Ken Feldman Feldman Law Group

Re: Plagiarism for Online store

I agree you should answer the complaint. "Plagiarism" is too imprecise to know what this is. Assuming it is copyright infringement, you should immediately obtain a lawyer familiar with copyright and insurance. Your cost of defense is most likely covered by your general business insurance (though the insurer will deny it unless you have a savy copyright insurance attorney). If you would rather pay for defense, just hire a copyright lawyer. It would be the same with trademark or tradedress infringement , but not Patent infringment. I would need to see the summons and complaint to be sure.

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Answered on 3/25/09, 11:39 pm


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