Legal Question in Business Law in New York

I owned a domain that was involved in an intellectual property dispute by a company in California. I live all the way in New York though, and they filed the suit in California and sent a subpoena to my home address, though I was never served by any officer of the court. The lawsuit is a frivilous one involving a gray area of intellectual property in online games.

My question is this: Do I have to respond to this lawsuit being that it wasn't filed in my home state and I have not been legally served?


Asked on 1/04/10, 6:05 pm

3 Answers from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

You should speak with an IP lawyer, your statements indicate that you no longer own the domain.

Are you being sued? Did you receive a summons and complaint?

The answering of a subpeona should only be addressed after a consult with a lawyer.

I can be reached at my office and will conduct a review for an initial fee.

Good Luck,

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Answered on 1/09/10, 7:50 pm
Kristen Browde Browde Law, P.C.

If you don't respond, it's highly likely that the plaintiff will move for a default judgment against you.

There is no requirement that process be served by an officer of the court.

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Answered on 1/09/10, 8:03 pm
Kaiser Wahab Wahab & Medenica LLC

Specifically, you should be aware that lawsuits are initiated in all the states against non-resident defendants routinely. In your case, the failure to answer (or even "appear" in order to contest service) can and likely will result in a default judgment. Once that judgment is entered in CA it can be processed by a NY attorney who will seek to have it enforced against you in NY, which is also a common procedure. Depending on the allegations and the monetary and other remedies sought in the lawsuit, this could be very damaging to you (property and wage garnishment for example). Also, you should be aware that one of the common technical defects in such lawsuits (personal jurisdiction over a defendant) is not present in cases involving domain names and e-commerce, since a court will often find such jurisdiction if the operative site offered goods or services for sale in the subject jurisdiction.

That being said, rather than take your chances with not answering. I would retain counsel who is familiar with the IP, e-commerce, and other issues that the case presents. I hope this helps.

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Answered on 1/10/10, 7:46 am


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