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Author Topic: Out of state representation  (Read 400 times)

brettas39

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Out of state representation
« on: 12-13-17 at 02:07 pm »

I received a request from a person in state A.  I am licensed in state B.  He is an Amazon seller.  His listing for his product was removed by Amazon after Amazon received a complaint from another seller S that his product infringed Seller S's copyright.  I know that I am authorized to give him my opinion as to whether his product does in fact infringe the copyright. I wonder if I am authorized to draft a response to the complaint and send it to Amazon and also send that or another response letter to Seller S regarding the copyright infringement.
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MYK

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Re: Out of state representation
« Reply #1 on: 12-14-17 at 08:56 am »

It would depend on State B's ethics rules, but generally speaking, since copyright is federal, I don't see why there would be a problem.  USPTO registered patent practitioners can handle USPTO representation for anyone in any state/country and state bars get no say in it.  You'd need to look at your state's rules to know for sure, though.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

still_learnin

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Re: Out of state representation
« Reply #2 on: 12-14-17 at 12:08 pm »

It would depend on State B's ethics rules, but generally speaking, since copyright is federal, I don't see why there would be a problem.  USPTO registered patent practitioners can handle USPTO representation for anyone in any state/country and state bars get no say in it.  You'd need to look at your state's rules to know for sure, though.

Yeah, but the OP said Copyright. Copyright is exclusively a federal matter, but it isn't a USPTO matter.

bretta, just a point of clarification. You used the word "complaint." I think, from context, you are talking about a letter sent to a third party (Amazon), rather than a document filed with a court. Right?

Some state bars have something like an "ethics hotline" where you can call and get (informal?) advice. And if you work for a firm, you might also want to run it by your firm's ethics officer/committee.
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MYK

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Re: Out of state representation
« Reply #3 on: 12-14-17 at 12:51 pm »

Yeah, but the OP said Copyright. Copyright is exclusively a federal matter, but it isn't a USPTO matter.
I know, it's called an "example".
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

brettas39

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Re: Out of state representation
« Reply #4 on: 12-15-17 at 12:46 pm »

Thank you for your replies.   Yes, I am talking about a complaint sent to a third party (Amazon). I would assume that sending reply letters to Amazon and the party that sent the complaint would be fine, but I am not sure, since my potential client is out of state.  Then again, he would have contacts in all 50 states since he is selling over the internet. Any thoughts?
« Last Edit: 12-16-17 at 04:48 pm by brettas39 »
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