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Summons in a Civil Case

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Textbooks

Junior Member
What is the name of your state (only U.S. law)? IA, but summons in New York

I stay in Davenport, IA, selling Int'l Edition books online, such as Amazon, eBay,etc. Recently, I received a Summons (Case #:08CIV6576) from William Dunnegan from New York(representing Pearson, John Wiley, McGraw Hill, Cengage) for violating Copyright Act, 17 U.S.C. & 101 et seq. or the Lanham Act, 15 U.S.C. & 1051 et seq.

I was told it is illegal to sell books not printed in the USA.I know there is one case similar as mine needs to pay up USD20k++. I am very worried, all the money I earned selling intl' editon books hv been used to pay for my tuition fee in college. Can I request to pay installement? Besides, I realized that books printed in Italy are sold in Amazon US site. I wonder if it is legal? If it is legal, why not for those printed in Canada, Singapore, UK, etc.
Thanks.
 


divgradcurl

Senior Member
What is the name of your state (only U.S. law)? IA, but summons in New York

I stay in Davenport, IA, selling Int'l Edition books online, such as Amazon, eBay,etc. Recently, I received a Summons (Case #:08CIV6576) from William Dunnegan from New York(representing Pearson, John Wiley, McGraw Hill, Cengage) for violating Copyright Act, 17 U.S.C. & 101 et seq. or the Lanham Act, 15 U.S.C. & 1051 et seq.

I was told it is illegal to sell books not printed in the USA.I know there is one case similar as mine needs to pay up USD20k++. I am very worried, all the money I earned selling intl' editon books hv been used to pay for my tuition fee in college. Can I request to pay installement? Besides, I realized that books printed in Italy are sold in Amazon US site. I wonder if it is legal? If it is legal, why not for those printed in Canada, Singapore, UK, etc.
Thanks.
There are a number of threads on this site dealing with this same issue. Do a search, read them, and see if you still have questions.

If you have received a complaint, your time is short. You have to answer, or make a motion to dismiss, within a short period of time, probably around 20 days. If you are planning on representing yourself, you need to get yourself to a law library ASAP. Otherwise, you need to be trying to find an attorney now.

EDIT: My point is, it doesn't matter anymore whether or not this is legal, at least not from a practical standpoint. You MUST answer the complaint, or you may a default judgment against you. Your ONLY concern right now should be getting an answer on file (or a motion to dismiss, if appropriate), or working to settle this case ASAP, which may not be possible right now because of the filing. You need to get an answer on file, then you will have a little breathing space to try and hammer out a settlement. If you don't answer, there is probably not a lot of reason for the other side to settle, because they can ask for a default, and if the court grants it, that's it -- they will have a judgment that they can enforce against you.
 
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You Are Guilty

Senior Member
I can't add much more than Div did above, other than to say you had better get an answer timely filed or you run the real risk of a default.

Judge Gorenstein's individual rules can be found here:
http://www1.nysd.uscourts.gov/cases/show.php?db=judge_info&id=382

A basic guide to what's expected of you now can be found here:
http://www1.nysd.uscourts.gov/courtrules_prose.php

You'll want to read everything above first, then contact these folks for procedural assistance:
http://www1.nysd.uscourts.gov/courtrules_prose.php?prose=contact
 

Textbooks

Junior Member
Thank you...

Hi divgradcurl, You Are Guilty
Thank you for the prompt feedback. I will contact the Attorney to answer my complaints. Thanks...
 

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