IP Address Stolen Former Employer Sues

Someone please help.

My former employer is suing me for trademark enfringement based upon their "fact" that they claim 3rd party subpoenas will show that my IP address was used to post defamitory information about them to craigslist, which also points to several of my Yahoo email accounts.

I'm still currently unemployed and broke and although i've attempted to retain an attorney, I can't afford him for too long at $5000.00 per week.

My former employer is claiming that I have two IP addresses. When I looked them up, they report that one is in NJ and I'm located about 30 minutes west of downtown Atlanta. The other shows my IP in Brussels Belgium and another shows it in Amsterdam.

I'm not sure how I can have two IP addresses.

I use craigslist for a lot of different things, but this wasn't one of them. When you post to craigslist, they send a confirmation email. I never saw a confirmation email.

I also have an old (free) aol account. My former employer's attorney claims that one of the postings was also associated with that email account. I've attempted to change the password on this account, but apparently it cannot be done with a free, non-paying account.

My ISP is Comcast, but I had it disconnected for 3 days. Today when I had it reconnected, of course it has been reassigned a new IP address. Problem solved????

My computer is second-hand, purchased from a former co-worker with the same employer who is attempting to sue me.

I've never used Outlook, in fact, I don't know how, but it was always popping up whenever I tried to initiate an email through a link. I always had to copy/paste after closing Outlook. When I began digging further and finally got Outlook to pull up, I've found almost 900 emails to the former owner of this computer. In fact, it still has his name listed there as well as at the DOS menu box that comes up when you type in "cmd" in the "run" box.

Today, while speaking with the tech from Comcast, he verified that it is possible to get your IP address from an email, which is consistent with the information I have been able to assertain from the Internet. When I asked if it was possible to steal and use someone else's IP address to post to message boards, etc., he stated "absolutely."

All these things considered, I guess it's plausible, but considering my email address(es) breach(es), can someone help me put two and two together? Is there anything definitive?

My former employer now wants my computer to make a "mirror" of my hard drive. Initially I had no problem with it. Then they said they wanted to only look at the period (or dates) in question. That seemed okay too, until now. If someone has accessed my computer, either in my home or remotely, what can they find out???? If it looks like me, I'm afraid some judge (who will probably be as ignorant as I am), will go with 'expert' testimony of the former employer and I can't afford an expert to dispute their claims.

These people want my first born, home and to garnish my future wages for the rest of my life. I'm not stupid....I'm just broke. What can I do? Can someone help me figure this out????????

Thanks in advance.

I am guessing from your post that you did not reinstall any OS onto your hard drive after acquiring the pc from the former user...

big mistake

if that former owner had any malicious intentions, you are in trouble as he may be able to remotely access your pc and/or has installed any number or monitoring/trojan software

this may have nothing to do with your post, but just my 2 cents:

always format if you buy a used pc


Are you by any chance using any proxies?

Quote:

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I'm still currently unemployed and broke and although i've attempted to retain an attorney, I can't afford him for too long at $5000.00 per week.

---

Can you say...B__l S__t? For one thing : you place lawyers on retainer, it's not a week-to-week, and they deduct out of that retainer. Secondly, if you're really unemployed and broke where the ell' are you coming up with $5000 a week, cause I would really like to know because I sure as ell' could use the cash.

Quote:

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Originally Posted by RickyB

Someone please help.

My former employer is suing me for trademark enfringement based upon their "fact" that they claim 3rd party subpoenas will show that my IP address was used to post defamitory information about them to craigslist, which also points to several of my Yahoo email accounts.

I'm still currently unemployed and broke and although i've attempted to retain an attorney, I can't afford him for too long at $5000.00 per week.

My former employer is claiming that I have two IP addresses. When I looked them up, they report that one is in NJ and I'm located about 30 minutes west of downtown Atlanta. The other shows my IP in Brussels Belgium and another shows it in Amsterdam.

I'm not sure how I can have two IP addresses.

I use craigslist for a lot of different things, but this wasn't one of them. When you post to craigslist, they send a confirmation email. I never saw a confirmation email.

I also have an old (free) aol account. My former employer's attorney claims that one of the postings was also associated with that email account. I've attempted to change the password on this account, but apparently it cannot be done with a free, non-paying account.

My ISP is Comcast, but I had it disconnected for 3 days. Today when I had it reconnected, of course it has been reassigned a new IP address. Problem solved????

My computer is second-hand, purchased from a former co-worker with the same employer who is attempting to sue me.

I've never used Outlook, in fact, I don't know how, but it was always popping up whenever I tried to initiate an email through a link. I always had to copy/paste after closing Outlook. When I began digging further and finally got Outlook to pull up, I've found almost 900 emails to the former owner of this computer. In fact, it still has his name listed there as well as at the DOS menu box that comes up when you type in "cmd" in the "run" box.

Today, while speaking with the tech from Comcast, he verified that it is possible to get your IP address from an email, which is consistent with the information I have been able to assertain from the Internet. When I asked if it was possible to steal and use someone else's IP address to post to message boards, etc., he stated "absolutely."

All these things considered, I guess it's plausible, but considering my email address(es) breach(es), can someone help me put two and two together? Is there anything definitive?

My former employer now wants my computer to make a "mirror" of my hard drive. Initially I had no problem with it. Then they said they wanted to only look at the period (or dates) in question. That seemed okay too, until now. If someone has accessed my computer, either in my home or remotely, what can they find out???? If it looks like me, I'm afraid some judge (who will probably be as ignorant as I am), will go with 'expert' testimony of the former employer and I can't afford an expert to dispute their claims.

These people want my first born, home and to garnish my future wages for the rest of my life. I'm not stupid....I'm just broke. What can I do? Can someone help me figure this out????????

Thanks in advance.

---

#1 - DO NOT USE THE PC.. Turn it OFF and put it into a sealed plastic bag along with your modem.
#2 - Find a Tech savvy legal team..
#3 - Find a Forensics company to create a couple of Images of your drive (your legal team should be able to advise).. BEFORE your former employer has a crack at it..
#4 - Your legal team will possibly request your usage logs from your ISP
#5 - Grab your diary and make sure you can account for every single second of your time during the period in question..as well as a month or two before.. and since
#6 - You had better be sure you tell your Legal team the bloody truth.. cause any BS.. and they will not trust you at all.. and that is worse than a hostile judge... Every tiff you had while working with this employer.. have a bloody good look at every thing that you have said.. on the Web and to co-workers...

As for suing your ass into your next life.. that is BS.. they can't.. the worst they can do is force you to bankrupt.. Your so called $5k/week lawyer SHOULD HAVE TOLD YOU THAT.. he/she is an idiot.. that is why I listed #2..

DO NOT TRY TO DELETE ANY INFORMATION ON YOUR PC.. Cause if you are guilty of a crime.. deleting the information will confirm your guilt..


I won't raise the issue of why you were dismissed in the first place.. your legal team will ask you that in the first 5 minutes.. see my comment about being honest with them..

Quote:

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Originally Posted by RickyB

My former employer is claiming that I have two IP addresses. When I looked them up, they report that one is in NJ and I'm located about 30 minutes west of downtown Atlanta. The other shows my IP in Brussels Belgium and another shows it in Amsterdam.

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Unless I can't count anymore that's three addresses. One in NJ, one in Brussels and one in Amsterdam.


One thing you need to remember. They're the ones doing the suing so the burden of proof is on them. They need to prove, beyond a reasonable doubt, that you are guilty.

Quote:

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Originally Posted by SirDice

Unless I can't count anymore that's three addresses. One in NJ, one in Brussels and one in Amsterdam.


One thing you need to remember. They're the ones doing the suing so the burden of proof is on them. They need to prove, beyond a reasonable doubt, that you are guilty.

---

Yes and What is the presumed charge? is it Trademark infringement - that is a commercial charge..
Or is it Defamation?

And if it is posting of defamitory information using your employers name/logo.. weeelllll .. that is neither defamation nor Trademark... That is fraud..
As I said.. sack the useless 5k week Lawyer.. and get real advice.. and while your at it. Counter Sue your former employer.... Verbal.. Making of malicious threats to cause concern or harm.. (I discovered a few years ago that playing a joke on someone of implying that they were in serious trouble.. got the joker in serious trouble.. Yes in Aus it is a crime to have a practical joke of that nature)
So while some may see your post as BS.. (which it could be) It could be someone elses BS that you're a victim of.. Get good advice.. don't trust us bush lawyers.. free legal advice is worth every cent...

Quote:

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My former employer is suing me for trademark enfringement based upon their "fact" that they claim 3rd party subpoenas will show that my IP address was used to post defamitory information about them to craigslist, which also points to several of my Yahoo email accounts.

---

1. Can anybody explain the relationship between "trademark enfringement" and defamation?

2. Can anyone explain how an IP address (that actually belongs to the ISP) in any way proves who actually used it (assuming, of course, that it wasn't spoofed)? Particularly in a civil lawsuit?

3. What the hell kind of legal system requires the defendant in a civil lawsuit provide information to support the case of the plaintiff?

4. I can only comment for relative civilisation, but it works like this: scumbag threatens to sue and I ignore............... I could give more details but really, I can't be bothered. The basic rule is that if you are "clean" you don't do anything until a properly appointed court tells you that you have a case to answer. Otherwise you will not be able to recover your legal costs.

5. Ah! it is breakfast time over here, and I can smell the kippers frying.......... well something fishy anyway?

:confused:

EDIT:

Undies~ makes some good points in the above post.

This bit is very important:

Quote:

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their "fact" that they claim 3rd party subpoenas will show that my IP address was used to post defamatory information about them

---

That is a very interesting use of the future tense?

It implies that they do not already have this evidence? That doesn't surprise me, because they would have to pay the ISP anything that they chose to charge, this being a civil matter.

But, they seem to be able to predict the future?............... which implies planting evidence and conspiracy to pervert the course of justice. That takes us into the realm of felony offenses and free legal advice? :cool:

Try your local District Attorney and the FBI for some free advice.

Be sure that you are as pure as the driven snow, because once you unleash the forces of darkness there is no stopping them.

Do not let anyone near your records or equipment and make sure that all communications are in writing, and that alone, and certainly NOT e-mails..

By the way, what exactly was the "defamatory information"?

You better hope that that is not a stolen computer. You don't know how to use Outlook but you are able to stumble into antionline land. This better be a *BS post otherwise DON'T FORGET TO REPLACE THE ETHERNET CARD BEFORE THE STORM. Their servers only know of you through the ID and the media address.

remove the barcodes and serial numbers from the device. remove serial numbers out of the bios. Search the registry for said company name. Remove the Microsoft access key label on the unit. If this is a custom windows machine, move the system folder and "My Document" folders to random directorys. They might use a simple tool to find items only their custom image will reveal. Hackers like to brag even more when they are close to being caught....shut up.

Keep in mind that any changes made to the system after being informed of this action could be seen as an attempt to cover up the "crime" and could be used as evidence of your "guilt".

I would heed Und3ertak3rs advice.

Quote:

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Originally Posted by certifiablex

Keep in mind that any changes made to the system after being informed of this action could be seen as an attempt to cover up the "crime" and could be used as evidence of your "guilt".

I would heed Und3ertak3rs advice.

---

Better yet.......keeping denying it. destroy conspiracy notebook and toss it into their parking lot when it is raining hard. Ignore the judge and the company...remind them you have a pistol. The cops will tell them to leave you alone.

Just what is your former employer claiming you did. Nothing in your note indicates a crime occurred. The IP address is not owned by you (unless you are the owner) and as such there is no connection to you. Unless your not owning up to something you did in your note then all this seems to be harassment.

You're correct. (Stupidly) I didn't reinstall any operating system.
I purchased the computer from a former coworker who had built the system itself. He stated that he had "cleaned" it up since I did have a concern about it. I didn't want to get anything personal of his mixed up with mine. I have no reason to believe he would do anything underhanded.
Thanks

Quote:

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Originally Posted by C:\Saw

I am guessing from your post that you did not reinstall any OS onto your hard drive after acquiring the pc from the former user...

big mistake

if that former owner had any malicious intentions, you are in trouble as he may be able to remotely access your pc and/or has installed any number or monitoring/trojan software

this may have nothing to do with your post, but just my 2 cents:

always format if you buy a used pc


Are you by any chance using any proxies?

---

They claim that I posted something about how to find their former employees. And I did that on my hobbyist website. I stated something like: "Find xxx former designers by calling this number."
The former employer had eliminated an entire department. Since they were no longer performing that service, I didn't see any reason why it would be a problem. I also stated "The same product at the same price" - this was also true. The former employees would have had to purchase the products from the former employer. I saw it as a win-win for all involved. My intention was not to send business to the former employer, but that would have been one resultant issue. Their old designers would be found via the hobbyist site. The old designers would then go back to the former employer, purchase the products and create the item for the customer. I truly thought everyone would win.

Quote:

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Originally Posted by thom2415

Just what is your former employer claiming you did. Nothing in your note indicates a crime occurred. The IP address is not owned by you (unless you are the owner) and as such there is no connection to you. Unless your not owning up to something you did in your note then all this seems to be harassment.

---

They also claim, in their original complaint to the court, that I had posted defamitory information about their company to craigslist. They claim that I stated they were going out of business. I didn't do this. This is why I think someone may have used my IP address to post this information. I'm not tech savvy and I can't prove differently.

Quote:

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Originally Posted by thom2415

Just what is your former employer claiming you did. Nothing in your note indicates a crime occurred. The IP address is not owned by you (unless you are the owner) and as such there is no connection to you. Unless your not owning up to something you did in your note then all this seems to be harassment.

---

Sorry you don't understand. I did have some savings and unemployment, but it was going fast. When I ran out, a friend gave me an additional $5000.00 for the attorney. The first week was $2000.00 and he claims that it may run as high as $5000.00

When I run out of money, I won't be able to fight it. I cannot defend myself and need the help of someone with "Esquire" at the end of their name. When I can no longer afford it - I'm screwed. Court will be held in Nashville and I'm in Atlanta. There is no way I can go and continue the fight. In which case they will win by default.

This means they won the battle, but I wasn't the one who started the fight. They've got the wrong guy. I know the guilty say that too, but in this case, it's true.

Quote:

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Originally Posted by Egaladeist

Can you say...B__l S__t? For one thing : you place lawyers on retainer, it's not a week-to-week, and they deduct out of that retainer. Secondly, if you're really unemployed and broke where the ell' are you coming up with $5000 a week, cause I would really like to know because I sure as ell' could use the cash.

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Yes, trademark infringement because I used their name. They also claim I used their "mark." They also claim I disrupted their business. I'm not sure about the defamastion charge. I'm really confused over it all.

I don't want to sue them. I just want them to go away. I would like to have my money back from the attorneys, but this has been a nightmare. I just want it to be over. It may soon be. I can't afford to defend myself for much longer. A win by default is still a win and they can garnish everything I've got.

Quote:

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Originally Posted by Und3ertak3r

Yes and What is the presumed charge? is it Trademark infringement - that is a commercial charge..
Or is it Defamation?

And if it is posting of defamitory information using your employers name/logo.. weeelllll .. that is neither defamation nor Trademark... That is fraud..
As I said.. sack the useless 5k week Lawyer.. and get real advice.. and while your at it. Counter Sue your former employer.... Verbal.. Making of malicious threats to cause concern or harm.. (I discovered a few years ago that playing a joke on someone of implying that they were in serious trouble.. got the joker in serious trouble.. Yes in Aus it is a crime to have a practical joke of that nature)
So while some may see your post as BS.. (which it could be) It could be someone elses BS that you're a victim of.. Get good advice.. don't trust us bush lawyers.. free legal advice is worth every cent...

---

"Spoofed???" I've been researching "hacked" and I've found a lot of information that indicates someone can "hack" your IP address. Of course other information says it cannot be done.

Although my IP address shows several different locations (Brussels, Amsterdam and New Jersey), it once showed a location close to me (about 50 miles). Yesterday I found a site www.IP-adress.com (yes it is misspelled that way), that zeroed right in on my community and the Atlanta suburb in which I live. How can all this be?????

If this was done from my IP address, how do I know which location????

My computer isn't private. Friends will occassionally use it, I've used it with my family and my former partner knows all my email addresses, but he is no longer here and has been gone for over 1 year.

Quote:

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Originally Posted by nihil

1. Can anybody explain the relationship between "trademark enfringement" and defamation?

2. Can anyone explain how an IP address (that actually belongs to the ISP) in any way proves who actually used it (assuming, of course, that it wasn't spoofed)? Particularly in a civil lawsuit?

3. What the hell kind of legal system requires the defendant in a civil lawsuit provide information to support the case of the plaintiff?

4. I can only comment for relative civilisation, but it works like this: scumbag threatens to sue and I ignore............... I could give more details but really, I can't be bothered. The basic rule is that if you are "clean" you don't do anything until a properly appointed court tells you that you have a case to answer. Otherwise you will not be able to recover your legal costs.

5. Ah! it is breakfast time over here, and I can smell the kippers frying.......... well something fishy anyway?

:confused:

EDIT:

Undies~ makes some good points in the above post.

This bit is very important:


That is a very interesting use of the future tense?

It implies that they do not already have this evidence? That doesn't surprise me, because they would have to pay the ISP anything that they chose to charge, this being a civil matter.

But, they seem to be able to predict the future?............... which implies planting evidence and conspiracy to pervert the course of justice. That takes us into the realm of felony offenses and free legal advice? :cool:

Try your local District Attorney and the FBI for some free advice.

Be sure that you are as pure as the driven snow, because once you unleash the forces of darkness there is no stopping them.

Do not let anyone near your records or equipment and make sure that all communications are in writing, and that alone, and certainly NOT e-mails..

By the way, what exactly was the "defamatory information"?

---

No, not stolen, and no I don't know how to use Outlook. I know that may sound ignorant, but my last computer didn't have it. I've got email addresses with yahoo and aol and of course with my ISP. I think the Outlook on this system may not be working correctly. Whenever I click on an email link (which I assume should activate Outlook), it gives an error message about being unable to initiate (or something similar). Not sure why.

I found this site searching google with "Stolen IP address" as a search term.

Quote:

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Originally Posted by Linen0ise

You better hope that that is not a stolen computer. You don't know how to use Outlook but you are able to stumble into antionline land. This better be a *BS post otherwise DON'T FORGET TO REPLACE THE ETHERNET CARD BEFORE THE STORM. Their servers only know of you through the ID and the media address.

---

RickyB,

You really really do need some GOOD legal advice from a tech savvy Lawyer..

There are lots of claims, and it seems more like posturing and noise making on their behalf..

I go back on the trademark infringement.. THAT IS A COMMERCIAL Matter..
If you sent a mail or posted their name and trade mark in a defamatory mail or web post.. it is a defamation matter and HAS ABSOLUTELY NOTHING to do with Trademark infringement.
Like I said .. this is looking more like a harassment case.. that is one you can bring against them (Yes I accept you just want it to go away and put your experience with the Co behind you)

For you protection I would still get the PC's HDD imaged for forensic testing - this is not to say it will be examined.


In regard to the IP..

That seems to be a case of the Noise and posturing..
Depending on your ISP it will depend what is happening.. With your connection, I will assume One of the DSL's, You could have a static or dynamic IP. That is Your ISP permanently assigns your IP, it is fixed, never changes.
Or it can be dynamic, changes every time you connect - That is turn your modem off for 5 mins to 24hrs and reconnect different IP. It will normally be in the same higher level domain range.. like 123.123.xxx.yyy.
Doing a whois on your IP should point back to your ISP.
Some of the so called IP tools out there are Piss poor, they will tell you you live in the headoffice of your ISP, others will point you to your ISP's local POP/router/hub.
So don't rely on many of those online tools.

To do a test for yourself go to http://whatsmyip.org/ record the IP, switch off come back in the morning and (after switching on) check the IP.. is it the same? OH..and for GOD's sake DO NOT POST THE IP ON HERE ..
On the same site you can do a whois - ie the owner of the IP and a Reverse IP - your local router's network name.

What I have seen so far of your story is like what you see with a Television clairvoyant.

Remember as was mentioned by Nihil.. THEY have the onus to prove. All you need to do is NOT PUT YOURSELF IN HARMS WAY.
If you Lawyer does not have an adviser in IT matters or is profficient in IT/internet related cases.. get another..
Confront Him on the case, let him know your concerns.. address the areas of the claims ..
Oh and ask about getting your drive forensicly imaged. Even if he says no.. Buy a new HDD, store the original in a sealed Bag and place in a secure vault. The new one.. do a fresh install of your OS and programs, and ANTI VIRUS and operate the PC as normal get on with your life.. Well except.. for..
DO not use any of your current Webmail accounts, open new ones..
Create new accounts on craiglist etc
Do not read or reply to mails claiming to be from former co-workers or your former employer.. forward them to your lawyer (ask him/her before you do)

AND REmember.. they are making the noise.. They have to prove that you did what they claim..
Most of what they seem to be saying seems more like noise making , posturing... HARRASSMENT..

all the best with your challenge

Quote:

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Originally Posted by RickyB

Although my IP address shows several different locations (Brussels, Amsterdam and New Jersey), it once showed a location close to me (about 50 miles). Yesterday I found a site www.IP-adress.com (yes it is misspelled that way), that zeroed right in on my community and the Atlanta suburb in which I live. How can all this be?????

---

I don't trust that tool.. Has me as being in a part of Aus that is not serviced by my ISP..
A lot of Pseudo-Security products make a big issue about IP address.. many are just a gateway for Malware..

Read my other post.. find out if you have a static or dynamic IP.. if it is dynamic.. see my earlier post about your diary..

At this point you should not be worrying about it, rather just be protecting yourself.. As in my last post.. clean install on a new HDD now.. BUT.. Forensic image the Old HDD.. and store it and the HDD in safe secure locations. (not the same location for each BTW)

Learn a bit more about PC's and internet security.. FOR YOUR PROTECTION..
I taught my daughter how to handle a car in a slide, not to be a stunt driver.. rather for her protection. (Is that a good analogy?)

This isn't really a technical issue. Tell me if I have it right.

BrandX company downsizes and fires a lot of people.
You (one of those fired) decide to freelance by retailing
a product made by BrandX. You advertise on the internet.

OK so far? If a reasonable consumer reads your ad
and concludes that the widget is no longer available at BrandX,
and that you are the new supplier of the "same widget,
same price", yeah, that could be a problem.

Do nothing.
Wait for the subpoena if it ever arrives.
Ask for a copy of all the evidence they have, send the request in writing with proof of delivery. If you don't get a reply, go to court and explain this. If you do get a reply come back here and post exactly what evidence they have.

If you did do these things, oh dear! Your best bet might be to explain you were angry, have little of real worth so suing you might be a wast of money, and offer to publish a full apology.

If you didn't do these things stop worrying and call their bluff.

Regards,
Steve

Thank you very much for all the information. I sure wish I was as computer savvy as most of the posters here.

My attorney did mention having my hard drive foresically investigated, but since I originally didn't have a problem with the opposing counsel taking a look, it was a mute point. But now, thinking about it and where the computer originally came from (former coworker), I think I may have an issue. They say that they only want to look at the dates since my termination from the company and that's NOT a problem for me, but how would I know????

I'm not sure about installing a new HDD????? I'm assuming that's a new hard drive and you said to put the old one into a vault??? Judges order says I can't destroy or delete anything. Of course that wouldn't be destroying or deleting, but it still seems deceptive. I don't want to be deceptive, but I surely don't want to be hanged from the gallows on something someone else may have done. Fact is, I just don't know.

Quote:

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Originally Posted by Und3ertak3r

RickyB,

You really really do need some GOOD legal advice from a tech savvy Lawyer..

There are lots of claims, and it seems more like posturing and noise making on their behalf..

I go back on the trademark infringement.. THAT IS A COMMERCIAL Matter..
If you sent a mail or posted their name and trade mark in a defamatory mail or web post.. it is a defamation matter and HAS ABSOLUTELY NOTHING to do with Trademark infringement.
Like I said .. this is looking more like a harassment case.. that is one you can bring against them (Yes I accept you just want it to go away and put your experience with the Co behind you)

For you protection I would still get the PC's HDD imaged for forensic testing - this is not to say it will be examined.


In regard to the IP..

That seems to be a case of the Noise and posturing..
Depending on your ISP it will depend what is happening.. With your connection, I will assume One of the DSL's, You could have a static or dynamic IP. That is Your ISP permanently assigns your IP, it is fixed, never changes.
Or it can be dynamic, changes every time you connect - That is turn your modem off for 5 mins to 24hrs and reconnect different IP. It will normally be in the same higher level domain range.. like 123.123.xxx.yyy.
Doing a whois on your IP should point back to your ISP.
Some of the so called IP tools out there are Piss poor, they will tell you you live in the headoffice of your ISP, others will point you to your ISP's local POP/router/hub.
So don't rely on many of those online tools.

To do a test for yourself go to http://whatsmyip.org/ record the IP, switch off come back in the morning and (after switching on) check the IP.. is it the same? OH..and for GOD's sake DO NOT POST THE IP ON HERE ..
On the same site you can do a whois - ie the owner of the IP and a Reverse IP - your local router's network name.

What I have seen so far of your story is like what you see with a Television clairvoyant.

Remember as was mentioned by Nihil.. THEY have the onus to prove. All you need to do is NOT PUT YOURSELF IN HARMS WAY.
If you Lawyer does not have an adviser in IT matters or is profficient in IT/internet related cases.. get another..
Confront Him on the case, let him know your concerns.. address the areas of the claims ..
Oh and ask about getting your drive forensicly imaged. Even if he says no.. Buy a new HDD, store the original in a sealed Bag and place in a secure vault. The new one.. do a fresh install of your OS and programs, and ANTI VIRUS and operate the PC as normal get on with your life.. Well except.. for..
DO not use any of your current Webmail accounts, open new ones..
Create new accounts on craiglist etc
Do not read or reply to mails claiming to be from former co-workers or your former employer.. forward them to your lawyer (ask him/her before you do)

AND REmember.. they are making the noise.. They have to prove that you did what they claim..
Most of what they seem to be saying seems more like noise making , posturing... HARRASSMENT..

all the best with your challenge

---

Yes. My company downsized and the entire department was terminated and they were no longer selling the same product at the same price.
On my hobbyist website I claimed to sell the exact same product as XXX (that would have been purchased from my former employer [the same XXX] - so it actually WAS the same product) and then resold to customers who would have gotten exactly what they wanted.
You're correct!

Quote:

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Originally Posted by rcgreen

This isn't really a technical issue. Tell me if I have it right.

BrandX company downsizes and fires a lot of people.
You (one of those fired) decide to freelance by retailing
a product made by BrandX. You advertise on the internet.

OK so far? If a reasonable consumer reads your ad
and concludes that the widget is no longer available at BrandX,
and that you are the new supplier of the "same widget,
same price", yeah, that could be a problem.

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Thanks Steve,
That's exactly what I did. I did write and explain my anger over the situation.
Their attorney is asking for the hard drive and my attorney is requiring privacy and "attorney eyes only." Doesn't really make a lot of sense to me.
It was explained to me that they will go into 'discovery' apparently to discover what information each side has to defend their side of the case.
They were successful at getting a preliminary injunction against me without ever contacting me and posted a 10,000 dollar bond to secure it (which is supposed to go to me if I "win" to pay for my trouble). We all know that I cannot win this one.
Golden Rule: Man with the gold, makes the rules.

Quote:

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Originally Posted by steve.milner

Do nothing.
Wait for the subpoena if it ever arrives.
Ask for a copy of all the evidence they have, send the request in writing with proof of delivery. If you don't get a reply, go to court and explain this. If you do get a reply come back here and post exactly what evidence they have.

If you did do these things, oh dear! Your best bet might be to explain you were angry, have little of real worth so suing you might be a wast of money, and offer to publish a full apology.

If you didn't do these things stop worrying and call their bluff.

Regards,
Steve

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Quote:

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Originally Posted by RickyB

I'm not sure about installing a new HDD????? I'm assuming that's a new hard drive and you said to put the old one into a vault??? Judges order says I can't destroy or delete anything. Of course that wouldn't be destroying or deleting, but it still seems deceptive. I don't want to be deceptive, but I surely don't want to be hanged from the gallows on something someone else may have done. Fact is, I just don't know.

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No.. it isn't deceptive.. It is protecting the information.. to prevent anything from tainting the original drive..
But my main motive.. was so that (with the new HDD) you could get on with your life with a clean .. none of the past rubbish or risks of the present configuration of the pc..

And considering what you have mentioned in your last couple of threads.. If you have admitted to having posted certain things.. then they should not really need to look any further.. just need to determine intent.. and (personally) I don't see why they need you hdd.. unless they want to hang MORE charges on you.

Update:

My antivirus program ran last night. I discovered that there is a trojan virus called "zlob" that was isolated.

I googled and read that this trojan can allow "remote access" for "malicious intentions" via Outlook and other email programs.

Does anyone know anything about this? My antivirus software claims to be unable to remove it at this time desite the most recent download from MS.

Quote:

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Originally Posted by RickyB

Update:

My antivirus program ran last night. I discovered that there is a trojan virus called "zlob" that was isolated.

I googled and read that this trojan can allow "remote access" for "malicious intentions" via Outlook and other email programs.

Does anyone know anything about this? My antivirus software claims to be unable to remove it at this time desite the most recent download from MS.

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Have had no problems with many AV scanners.. Mind.. I do my Scans in SAFE MODE..

What AntiVirus (AV) are you running..

Zlob is an oldie.. I think even Spybot SnD will clean it out

But I do know that ASquared Free cleans the sides of sewers .. so if your AV hasn't the strength.. give that a blast - http://www.emsisoft.com/en/software/free/

Please remove your HDD and replace it?

:(

just to clarify
swapping the hard drive will ensure the data on it REMAINS AS IS ...
a FORENSIC copy will be a VALIDATED copy, so if the Co suddenly find 'evidence' on your drive, you can access a complete copy to see if it really IS there ............

REALLY listen to Undies

but get the drive OUT
get your legal team to clone it
get a PC repair crew to rebuild your PC, as you are not au fait with PC's

repairing the PC is NOTtampering with 'evidence'
the 'evidence' is on the drive

and I repeat
read and digest all the posts given in answer so far