Legal Question in Intellectual Property in Washington

I was served with a lawsuit from a software company that claims that I have sold a lot of counterfeit software packages. It is a case of mistaken identity. I have never been involved with the distribution of counterfeit software items. I have never received any cease and desist letters (because I have never sold any counterfeit items) and I have never received any phone calls or anything. Some private investigator simply showed up at my door, asked me who I was, and served me with an absurd lawsuit. I am not so concerned about a judgment ultimately being formed against me for various reasons. **I want to put that matter aside insofar as my question is concerned because I have strong reasons to believe that the case will be dismissed. ** My question is this: Given that the company is proceeding with very limited evidence (and faulty evidence at that) and it has caused emotional distress not only to me but to others who are close to me and my chances of employment in the future could be "possibly" limited by having a lawsuit against me as a matter of public record, what would be the best method of suing this company and the law firm representing them in a counterclaim? It seems to me that this kind of abuse of the legal system should not go on and that there should be some method of firing back. Harassment? Defamation? Those are hard to prove, I know. I mean, what can I sue them for under these circumstances? I'm doing this Pro Se, I cannot afford an attorney, I am amidst learning a lot about the law in the process, I want to have some kind of counterclaim in my response, but the best offense here is a bit elusive to me. Again, the question: What would be the best and most appropriate method of forming a counterclaim against this company and the law firm representing them? Thank you very much for any replies.


Asked on 6/01/10, 9:26 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will tell you, a person who represents himself has a fool for an attorney. This is not the time to try and represent yourself pro se. 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 6/02/10, 6:46 am


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