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
"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