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.
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.
