Using Motions to Compel to Defend Amazon Sellers Wrongfully SUED for IP Infringement
Never let any lawyer, any lawyer at all, or any law firm ever rush you into litigation because litigation is often only good for the lawyers, not so good for you. So here’s a rule of thumb before we get to the substance of today’s video.
If you are even thinking about suing anybody over a business matter, you should look at what it’s anticipated to cost you, what are the attorney’s fees, add in something for your time because litigation requires your participation as well, and then look at how much money you think you can recover.
Unless you think you can recover 3, 4, 5 times the cost for the lawyers, never proceed, it’s not worth it to you.
Also, before you start any litigation, you want to make sure there’s some place to collect from. So unless the recovery is really big compared to your legal fees and there’s some place to collect, there’s no point in suing.
So today’s video I want to talk to you about a specific case where we started a lawsuit on behalf of a seller against a company that made intellectual property right complaints, and it resulted in a lot of money in damages. And the other side is not giving us the documents we’re entitled to. So what is the remedy?
You go to court in a very formal matter and you basically write dear judge, compel them to turn over the documents and also make their lawyer pay sanctions for not complying with your prior directions. It’s a motion to compel, and also a motion for sanctions against the lawyer.
Now, the reality is, most of these things get worked out, but if you’re going to go forward and you are going to sue because you were wrongfully sued for IP infringement, make sure you’re doing it as aggressively as possible so that you get to the end as quickly and efficiently as possible.