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BMW trademark infringement

Discussion in 'Copyright, Trademark, Patent Law' started by ignorant, Jun 26, 2011.

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  1. ignorant

    ignorant Law Topic Starter New Member

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    Several months ago, I sold an item with BMW logo on eBay. Yesterday, I got a letter from a law firm acting for BMW representative, saying that I infringed BMW trademark and asked me to pay $5000 for compensation. I was so shocked since the item I sold costs about $10 only and altogether I sold around 5 items only for the past three years. And the same item is all over the place on eBay. I don't know what I should do now. They have my contact number, address etc. I don't think I can walk away. They asked me to reply the letter within one week. Very appreciated if anybody can give any advice. Thank you.

    I also have the following questions:
    1. If I buy items from my supplier and I think my supplier has been authorized to sell the items. But later, I find it is not authorized and at that time I already sell several of my items. Is it considered trademark infringement? If it is, does it mean I have to make sure my supplier is an authorized seller before I make orders? I ask this question since I want to make sure my behavior is really trademark infringement.

    2. How to determine the damage of trademark infringement? I suppose the remedy should be based on the selling amount of the goods or something.

    3. Should I hire a lawyer?

    Again, thanks for your help.
     
  2. army judge

    army judge Super Moderator

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    Don't hire an attorney.
    You won't need one.
    The law firm is just a poser that scams money from unsuspecting dupes.

    Just ignore the scam demand.

    In the future, I suggest you stay away from the "eXXX" site.
    Nothing good comes from operating on that site.
    It is replete with scammers.

    You might want to Google "revenue demand letters from lawyers for selling on (that crooked site)".

    Whatever you do, don't pay a dime to that fake lawyer.
    Don't correspond with him/her.
    Ignore that crook.
    Stay away from the "site".
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    As army judge wrote, this is common practice. Take a look at the post right next to yours - same thing but with Bose. The new game in town is to "send the hounds" to scare the masses into a quick settlement by intimidating them with some daunting, frightful numbers. Remember moving forward that big brother is always watching you in the Internet Era...
     

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