mrsyoungkm
New Member
I received Rosetta Stone in the mail from my husband, but I had already bought it, so I put the item for sale on ebay. Ebay removed my listing saying it was reported by RS. Two weeks later, I received a Cease and Desist e-mail from RS saying I need to call them within 5 days. Upon calling, they demanded that I send them the item to them, sign a form and tell them where I got the item and pay them $1200 because it was counterfeit. After complete shock, and explaining that I had no idea it was counterfeit, and telling them that I still had the item and it was sealed and I had no other copies, they offered to go down to $800 (if I pay at once, or $1000 if i pay them in one year) in "damages" for them having to do the work of finding my listing. Can they do this? I didn't actually sell the item and haven't tried since the listing was removed. I genuinely had no idea the item was a counterfeit, my husband is overseas and bought it as a gift - not knowing it was either - it even has serial numbers on the packaging!
Am I obligated to pay? They gave me 1 week to call them back and "settle". I'm fine with sending them the counterfeit copy, as I have no intention to do anything illegal, but I can't afford to pay that much - and it's nearly 3 times and much as the item would actually cost to pay for legally. Please help!
Am I obligated to pay? They gave me 1 week to call them back and "settle". I'm fine with sending them the counterfeit copy, as I have no intention to do anything illegal, but I can't afford to pay that much - and it's nearly 3 times and much as the item would actually cost to pay for legally. Please help!