[Enter Your Name]
[Enter Your Address]
February 9, 2023
Stephen M. Gaffigan
(For Louis Vuitton)
diana@smgpa.cloud
Re: RESPONSE TO COURT ORDER AFFECTING MY PAYPAL ACCOUNT
(Louis Vuitton Malletier v. The Individuals et al., Case No.
2261895CIVCOHNSTRAUSS)
Respectfully,
This serves as my formal response to a communication I received from PayPal, regarding a Court
Order in the referenced case at the United States District Court for the Southern District of
Florida (hereinafter “the Court”), which order would affect my PayPal account.
On or about February 8, 2023, the Court in the referenced case sent PayPal an order affecting my
access to account following your company’s claim of infringement of intellectual property. The
effect of said order would make me unable to send payments, withdraw funds, or access the
funds in my PayPal account.
Consequently, PayPal sent me a communication identifying said court order and stating that
another court order may be issued requiring PayPal to take further actions on the funds in my
PayPal account.
In light of the foregoing, I propose a settlement of the issue. Please note that I consider any
infringement alleged, if any, to be innocent on my part, which defense limits the amount of
damages you may be entitled to in your case. It is settled law that a court may consider a
copyright infringer’s innocent intent, as well as potential harm to the public, when fashioning the
remedy for infringement. See Cadence Design Systems, Inc. v. Avant Corp., 125 F.3d 824, 829
(9th Cir.1997); Abend v. MCA, Inc., 863 F.2d 1465, 1479 (9th Cir.1988). See also CyberMedia,
Inc. v. Symantec Corp., 19 F. Supp. 2d 1070, 1079 (N.D. Cal. 1998). It follows, my proposal for
a settlement as set out herein, is sufficient consideration to amount to a recompense for any and
all infringement of your intellectual property.
Accordingly, I offer to cease and desist forthwith, from selling any of your products. In return,
the restriction on the domain of my site should be dropped, and my three PayPal accounts
reinstated.
Thank you for your consideration of the foregoing.
Sincerely,
_________________
[ENTER
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