Various sources report that Your Baby Can, LLC has been aggressively enforcing their trademark rights via law firm Johnson & Pham, LLP of California. The term “aggressively enforcing their trademark rights” is actually not the correct  description of what they are doing.

Baby Can’s law firm has been scanning the Ebay list of sellers who are legitimately re-selling their used BABY CAN READ products, and sending them demand letters not only demanding that the seller cease and desist offering the item for sale, but also, they have the gall to demand a signed affidavit and a healthy check! People have attested to amounts ranging from $700 all the way to $10,00.  These people are private, individuals, and overall lawful citizens who are scared by such legal tactics.

If you or anyone you know has received such a letter, we urge you to 1) not send any money; 2) report the law firm to the California Bar Association, the Attorney General’s Office of California, and the Better Business Bureau.  This advice applies to any similar situation. Not all law firms are legitimate. This is harassment clear and simple. No law firm can demand money from you for simply re-selling a used item.

The essence of the demand letter includes a claim that the BABY CAN READ items being offered for resale are counterfeit. If that is the case, the law firm needs to go after the real culprit – the original seller, and the manufacturer of the counterfeit items. Not normal ebay users who hold ordinary jobs, and do not profit from a single solitary re-sold used item.

It is always disturbing to us at the National Trademark Center to hear of such behavior among lawyers,
especially in the field of Intellectual Property.

It seems that these lawyers have convinced their client, Your Baby Can LLC, that going after every reseller, no matter how insignificant, is a way to make a fast buck. Don’t be intimidated!

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