1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Copyright Infringement!

Discussion in 'Copyright, Trademark, Patent Law' started by emakes, Jan 25, 2010.

Thread Status:
Not open for further replies.
  1. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    I purchased a wholesale amount (about 30) of a certain Fitness DVD Set that were sealed and seemed original aswell as brand new. I listed them on Ebay and sold all. Then a couple weeks after starting the selling, I get an e-mail in the mail from a Lawyer reading

    "Attached you will find a demand letter and draft COMPLAINT which relate to your intentional trademark and copyright infringement of "that certain fitness products". Please read these documents thoroughly, as they specifically address a federal lawsuit that will be filed against you in Los Angeles, California, on or about February 1, 2010. You are hereby put ON NOTICE and should immediately CEASE AND DESIST from the sale of COUNTERFEIT "that certain fitness products."

    Please retain legal counsel and have them contact our firm as soon as possible.

    I NEVER KNEW these were COUNTERFEITS!! I would have never put my familys life in jeopardy for a couple of bucks. They are offering a settlement offer. I can pay $15,000, or I can do the following
    (1).Tell them where I got them from and for how much.
    (2) A list of all the peoples Name and address of whom I sold it to.
    (3)Turn over any remainding product
    (4) My paypal statements
    (5) Any and all financial information relating to the sale of any infringing "companies" products, including price, quantities and shipment dates;
    (6)Any and all financial information relating to the gross and net profits generated from the sale of any infringing "companies" products, including but not limited to "that certain fitness products";

    If I do all, he will reccomend a settlement less than the $15,000..

    Anybody have any advice?? Should I settle or ignore and take it to court?? Any advice will help, Thank you
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    How many of the product did you buy?
    How much did the product cost you?
    Do you have receipts?
    Do you know the vendor that sold you the product?
    How much did you stand to make?
    Do you have other potentially illicit product?
    Do you believe your product is counterfeit?
    Do you know your product to be genuine?

    You don't have to do anything with that lawyer's letter.
    You can continue to ignore it.
    But, if you get served, you'll have to respond.
    Or, you stand to lose on a default judgment.

    Speak to a lawyer, ASAP.
    You may need an attorney.
    Or, prepare to go to battle, pro se!
     
  3. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    I have no receipts
    I believed they were legit.
    It was 32 items That were sold in ebay, and only profited $7 from each.
    After I talked to there lawyer , I told him I believed they were legit and had no intention or knowledge of selling counterfeit items. Anyways...I admitted of having 3 left in my possession and I chose to forfeit and dispose of them immediately, SO I MAILED THEM TO THERE LAWYER, AND TOLD HIM I WOULD STOP SELLING IMEDIATELY. I hope thats not going to hurt me either ( I kind of panicked), Because nothing was on paper or signed. What do you think?
     
    Last edited: Jan 26, 2010
  4. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    It doesn't seem to be a large amount of money in play.
    I'd just wait it out.
    You look to be in the clear for the moment.


    Sent from my iPhone using Tapatalk
     
  5. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    If I wait it out, would that lead into the lawsuit being in play? Because it reads "Please read these documents thoroughly, as they specifically address a federal lawsuit that will be filed against you in Los Angeles, California, on or about February 1, 2010.". If it is filed, what would happen then? Will they want to sue in a larger amount instead of the $15,000 settlement proposition? Thanks for your opinions by the way.
     
  6. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    Speak to a local lawyer, and communicate no more with that lawyer. Had you remained SILENT, you'd be in a better position. No one ever knows what another will do. There is very little you can do now, except retain counsel in case you are sued. If you are, you'll get served a notice, most probably by mail.


    Sent from my iPhone using Tapatalk
     
  7. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    I am strongly considering representing myself in this case (I have no money for a lawyer). What yould be a good way to approach this situation. Should I start off announcing that I will be representing myself, and start sending a negotiation offer? How would one go about this?
     
  8. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    And, there is your problem. Would you consider operating on your heart and seeking advice as to how you should begin? You don't want to do pro se work in federal courts. Judges will eat you alive and leave the undigested bits to opposing counsel.
    That said, speak to a lawyer, most initial consultations are free. Then slow down and wait to see what happens next. I doubt this thing will go anywhere.


    Sent from my iPhone using Tapatalk
     
  9. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    I have a "Hyphothetical Question" If I wait to see what happens next.. What can be the worse that happens?? If the problem escalates, wouldnt the lawsuit go through and be sued for more than $15,000. What could I do if that happened?
     
  10. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    You don't know that there will be a lawsuit. You only have a typical cease & desist letter.

    If you're worrying about settling, why offer to do something if you don't have to do so?

    Bottom line, it'll be whatever it us, regardless of your intervention. I don't think they'll sue you, because they know how small you were and you stopped selling. Don't stir the hornets up, you could get stung!

    Had you fretted this much before doing what they think you did, you would never have done it. There's a lesson here!


    Sent from my iPhone using Tapatalk
     
  11. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    On second hand, I guess ill just wait it out, and hope for the best. hopefully if I get sued it wont be for more than the settlement offered.
     
  12. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    That is what I'd do.:yes:
     
  13. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    Today I recieved an E-mail from "THEIR" Lawyer. Explaining that he has not received any of the documentation or info that they requested from me. But that they did receive the remaining 3 of my possesed counterfeit products.
    He wants to know when he should be expecting it. I havent replied , and dont plan to at the moment either. They are a HUGE company, I dont think I might have caused much damage for them to be able to sue me for $15k. And I am still debating whether its worth getting a lawyer..Whats your opinion?? Thanks.
     
  14. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    Today I received a phone call from the opposing lawyer and he left a message. He is asking for the information that he originally asked for. I haven't replied to any of his recents e-mails or has any contact since I first spoke to him. In the voicemail he explained that he has received the remainder of my counterfeit units that I mailed him , but that he wants the remainding of the info and documentation he asked for OR he would have to proceed with the lawsuit.

    Can I really give personal info of the people whom I sold the items to?? Couldn't I get sued by the people I sold to if they were to find out??

    Should I just comply with the demands already?? Your opinion is greatly apprecciated!! Thank you!!
     
  15. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    How do you KNOW, who is communicating with you?
    You don't.
    You need a lawyer.
    I'm a lawyer.
    I could send you a letter.
    If I did, you should ignore it.
    When other lawyers send me demand letters, I throw them away.
    I respond only to articles of legal process.
    Those would be court orders.
    I advise my clients to respond only to articles of legal process.
    You wouldn't be getting these annoying messages, had you not responded in the first place.
    This is most likely a bottom feeding, collection agency, using some starving lawyer's letterhead.
    But, if you're worried, hire a lawyer.
    These bottom feeders have shown that they are hard to shoo away.
    They see your fear and concern.
    They want money.
    They won't just go away.
    But, remember what you learned in Psych101: stimulus | response.
    What does a feral cat do if you feed it?
    Feral lawyers (and collection agencies) behave similarly!
     
  16. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    Yes I wish I had never responded!!! But hey just curious, if I were to settle, would paying them off in payments be an option ??
     
  17. army judge

    army judge Super Moderator

    Messages:
    32,317
    Likes Received:
    4,816
    Trophy Points:
    113

    Why on God's green earth would you ever do that?
    You don't even know who you're dealing with, do you?
    If this makes you this nervous, your money would be better spent on a lawyer.
     
  18. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    What would be my best option if I did not have money for a lawyer??

    Thanks for your opinions army judge.
     
  19. emakes

    emakes Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    Theyre back

    KEEP IN MIND THAT I DO NOT LIVE AT THE SAME ADDRESS and "their" MAIL IS THE ONLY MAIL I GET AT MY OLD ADDRESS. I DO HAVE FAMILY MEMBERS AT THE OLD ADDRESS, BUT I GET ALL MY OTHER MAIL AT MY NEW ADDRESS.

    SOO..About 1 month 1/2 ago (over 9 months from the beggining of this situation) ago ,they've sent me yet another cease or desist letter in my mailbox. It read that I had 10 days to respond (the same one I originally received).. OF course I ignored..

    Then 2 weeks ago I received another letter from them in my mail, stating that This is there last attempt to come to a settlement before they put the Complaint against me to take me to court.THey gave me 7 days. I just read it and its been 14 days! This does worry me.. I am very tight on money and dont want to invest in a lawyer and find out that it is just scare tactics..

    The mail didnt come certified because nobody had to sign for it and they just left it at my old mailbox. But I do know there a legit law firm.
    What are my options? How do they actually know if I got the letters? How can they serve me if I dont live at that residence anymore??

    My plan is to wait untill I actually get served (if i do get served) and then invest in a lawyer to try to settle out of court.. Any input guys? I really appreciate it
     
  20. angeldoze

    angeldoze New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    hello i was reading your post about the zumba cease and desist demand letter that they sent you. Well i received the samething two days ago and i wanted to know whatever happened to you regarding that situation? was it a scam? or was it real? did you get sued?
     

Share This Page

Thread Status:
Not open for further replies.