Monday, January 31, 2011

LA Times: New York man ordered to pay $2.1 million for selling pirated P90X videos

In some earlier posts here and here, I spoke of the lawsuits that Product Partners was filing against alleged intellectual property infringers of the P90X exercise system.  When people would post news about receiving a Cease and Desist letter in Internet forums, others would often respond to simply ignore the letter and everything would go away.

Well, it seems that calling a bluff like that probably isn't the best strategy.  According to the Los Angeles Times, Wayne Bachelor of Uniondale, New York, had a judgment entered against him by a California court in the amount of $2.1 million for infringing on P90X.  The article states that "Batchelor did not file a response to the lawsuit, prompting Walter to enter a judgment in favor of Product Partners."

In other words, ignoring legal demands from people whose intellectual property you have infringed on probably is not the best idea.  If they know enough about you to have sent you a C&D letter, they know enough to serve you with a Plaintiff's Claim, and not responding simply results in a default judgment which lets them unilaterally argue to a judge how much you owe them.

So, let this be a lesson:  If you get a threat of a P90X lawsuit, or any other threat of legal action, don't bury your head in the sand by not responding.  Seek qualified legal counsel to represent you, or you might end up with a $2.1 million judgment against you.