Ebay - Infringement of Intellectural Property Rights

Discussion in 'Copyright, Trademark, Patent Law' started by Angela0801, Oct 9, 2009.

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  1. Angela0801

    Angela0801 Law Topic Starter New Member

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    Hi, I'm about to visit Citizen's Advice but was hoping to get some legal advice from yourselves. Earlier this year I bought some Paul Smith cufflinks off a market stall and sold them on Ebay. As far as I was concerned they were genuine but cheap due to the boxes being damaged. I have now received a letter from a solicitor in London accusing me of copying, having a manufacturer, printer, discs, artwork the lot and wants a full list of all my sales, a full list of buyers and wants me to sign an agreement to pay them £750+ fees. As far as I am concerned I have done nothing wrong but I also dont want to get into further trouble and end up with a bigger bill because i know how some solicitors work. Any advice would be appreciated.
     
  2. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    How many of these items did you buy? You are not alone. Personally, I wouldn't agree to anything nor talk much at all unless (a) I received an agreement in writing that had terms to my satisfaction, (b) would let the lawyer/solicitor know that I hired no one and, without any admission, had no intention or knowledge of breaking any law or right, and (c) would discuss the basis for any action. I'd like to know how they know that your goods were counterfeit and not actual items resold. I'd like to know the basis of the damages action. Most importantly, I'd agree to cooperate with them understanding their position only if I was provided a full release of liability in writing. Since you know how they work, I think you know where I'm going with this. If you want a good understanding of these cases, do a search for "replica jerseys" or football jerseys - a common problem here where people sell official league merchandise to only find out later that the "real cheap" was just "not really authentic." If it's that cheap, you have to wonder.... good luck and let us know how things go.
     
  3. Helga

    Helga New Member

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    Do you have the information of the seller who sold you the items?
     
  4. bradders

    bradders New Member

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    Hi there

    the exact same thing has just happened to me, from hamlins solicitors..

    i need help, i got exact same thing saying all about post every transaction you have ever sold anything on etc,

    the thing is, i was unaware of the fakes on the market.. Genuinely..

    Im 18 years old, and just started university, so i was looking for things to sell on ebay, ive sold on there before, but just items around the house..

    i found a website that had "genuine" paul smith items on, they said there items were wholesale surplus, basically, overstocked items that people have sent back to them when there is too many.. so they say.

    i saved up £150 and sent off to buy 8 wallets from there, and they arrived, i listed them on ebay, and they sold, feedback was left.. i was unaware there was a problem, .. i then bought some more spent £350 on them this time, got a few more wallets, .. this was in the space of, june - aug 2009, and now i have received this letter.

    i am able to give them the web adress and moneygram order forms, but this is all i have, they want invoices / prices and evertything, ..

    im unsure what to do , i dont have any money to pay them, im in my student loan already! i just wanted to make some money, and now im in trouble with the law! which is something i never thought would happen, over a big mistake.

    please help me..

    thanks so much for any of your answers,

    brad :(
     
  5. Angela0801

    Angela0801 Law Topic Starter New Member

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    Hi Brad

    How have you got on with this? I've replied back informing them of what I have put here but they pretty much ignored what I said and sent another letter. I can tell them until I am blue in the face that I beleived they were genuine and were I bough them from but what I want is to know how to close the case and get them off my back. Good luck with your case too.
     
  6. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    Now you're starting to learn - they don't care whether or not you are genuine and whether your thoughts were with good intentions. All they want is what they want and you have to negotiate with them to make it an exchange that works for both of you. This is why, IMHO, you need to think about exchanging information/cooperation for freedom of any guilt and prosecution. If you give them what you have, then you've given up all your leverage.
     
  7. Paul101

    Paul101 New Member

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    Hi guys

    I'm in the same boat, got an email from same solicitor's stating 'infringement of copyright...'

    Like Bradders its about wallets I've sold on ebay. Originally got them for myself and as presents for a few people and sold the rest on ebay. Again I thought they were the real deal, still confused about that as I don't have any more and who is too say they aren't the real thing, what evidence do they have? I certainly thought they were the real thing.

    In the email they said a 'hard copy' would soon follow and it then lists the address its being sent to. Buts its not my current address, does this have an relevence?

    Feeling pretty down about this whole thing.
     
  8. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    Paul101 - keep your head up. I am guessing an item may have been discovered as counterfeit when registered. They are concerned with reseller primarily, not the occasional sale.
     
  9. Paul101

    Paul101 New Member

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    Thanks for your kind words.

    As the email was sent to an abscure email that I had with an old isp and letter (if sent) will be sent to an old address. Just gonna ignore it, as the saying goes 'innocent til proven guilty'

    So I'll let them try and do that and hopefully it will not spoil my christmas that much. :(
     
  10. 1345sm

    1345sm New Member

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    Infringement Of Intellectual Property Rights‏

    Hi,
    I'm in the same boat as you and was just wondering how you have got on...any advise appericated.

    Sold a one off wallet but had no idea it was a fake.

    Regards
     
  11. sergioramos4

    sergioramos4 New Member

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    Help! had an email on behalf of Paul Smith solicitors...

    Hi. I am really hoping Bradders will see this and reply as I am in the EXACT same situation as him and wondered how his case worked out...

    I too have purchased some paul smith wallets unknowing they were fake, sold 10 of them on ebay (approx £30 each), and now had an email from hamlin solicitors. they have said this...

    "Paul Smith takes an extremely serious view of your activities and we have instructions to pursue all remedies on their behalf in relation to this matter, including seeking an Injunction, damages/an account of profits, delivery up, costs and their concurrent criminal remedies.



    To avoid such course of action, our client requires that you sign and return the enclosed form of undertakings by 10th May 2010 and comply with them thereafter. If you are at all unsure as to the meaning of the undertakings, you should seek independent legal advice.



    Please note enquiries relating to this letter cannot be dealt with over the telephone and we request that your response to this letter be made in writing within the deadline herein, quoting the above reference.



    If we do not hear from you by then, we have instructions to proceed without further notice, including notifying your activities to the relevant authorities to take the necessary criminal action against you. In the meantime, we continue to reserve our client’s rights generally and in this regard nothing contained in this letter nor omitted herefrom is intended to be or may be construed as a waiver or relinquishment of any right, claim or contention whether factual or legal; all such rights, claims and contentions are reserved."

    i'm 21 years old, a student with NO MONEY, and do not have a clue what to do and am pretty worried. can they take me to court for this? should i just stay quiet and not reply? they have my address also.

    Any advice would be much appreciated. thanks so much
     
  12. 1345sm

    1345sm New Member

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    Hi,

    My case closed without me paying any thing out.

    All i did was write a few letters explaining that i was unware that the item was a fake and that i was sorry.

    I was selling just the one wallet but you might find it useful to know that ebay does not give out any of your details willing thus the information hamlins has is limited they only have the ebay listing to go by so they wont know how many you have sold.

    I would reply and explain that you listed just the one wallet and had no idea it was a fake.

    This is not a scam as i found out myself, they do work for Paul Smith and it is a proper company.
     
  13. army judge

    army judge Super Moderator

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    Ignore the letters, just ignore them.
    They are letters from a lawyer maybe, but not a judge.
    Never admit to anything.
    Stimulus - response; you fail to respond to the stimulus, the organism emitting the response extinguishes the behavior.
    The letter comes from a lawyer (or someone PRETENDING to be a lawyer); just ignore the letter.
    It is nothing but a letter.
    A letter that has no force or effect of law.
    The letter is nothing but a threat.
    People rarely threaten to sue.
    They sue without notice.
    Besides, suing is easy.
    Collecting is hard!
    Never give in to any form of tyranny or terrorism.

     
  14. sergioramos4

    sergioramos4 New Member

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    Thanks so much for replying... obviously this is very reassuring news.

    But surely Hamlyns will see that i have not sold 10 wallets. all they have to do is search for my ebay account and look at my feedback profile and they will see i have not sold one wallet. i do not want to lie in case it comes back to bite me on the backside! i will just tell them that i had no idea they were fake. i am currently waiting for a hard copy of the letter in the post, so i'm guessing with that will be the terms of what they want me to do/pay. is this correct?

    thanks again
     
  15. army judge

    army judge Super Moderator

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    Ignore them.
    Don't say anything to them or anyone else.
    Your eBay information is private.
    Don't share it with them.
    Why do you feel obligated to answer them because they send you a scam letter?

    You don't have to do or say anything to them.

    That isn't hard to do is it?

    If I sent you a letter saying you owe me $50,000 pay it or I'll sue.

    Would you pay me?

    Of course not, you should laugh at me and ignore me.
    That is all these people are, crooks, gypsies, and con-artists!!!
     
    Last edited: Apr 29, 2010
  16. forummember

    forummember New Member

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    Hi sergioramos4 I got an email and a letter too today. I am really worried, you heard anything yet?
     
  17. sergioramos4

    sergioramos4 New Member

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    not yet. i reckon they are sending out loads of these emails to a lot of people selling the wallets, in hope that they'll scare at least some people into paying up. DO NOT sign the form they send to you asking for £750+. iv sent them an email explaining i didnt know i hav done anything wrong etc. will let you know when they get back to me
     
  18. forummember

    forummember New Member

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    I've read through the letter and undertakings contract, it's basically wanting you to admit to committing crimes and wants you to pay out £750+.
     
  19. forummember

    forummember New Member

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    They got back to you yet?
     
  20. bella1

    bella1 New Member

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    Hi, I have had the same letters from Hamlins soliciters & want to know how to proceed, has anyone had any reslove to this matter, did they keep contacting you? any info much appreciated, thanks.
     
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