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trademark infringement items on eBay

Discussion in 'Copyright, Trademark, Patent Law' started by rye111, Feb 1, 2008.

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  1. hw176

    hw176 New Member

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    I recieved the same letter in an email on February 20. My letter demanded payment of $750.00, threats of reporting me to the IRS and they wanted to know the name and location of the supplier.

    I emailed the attorneys office this morning and told them that I would cooperate with them, but all of the jerseys that I sold were purchased by me under the impression that these were authentic items, and I never knowingly sold anything that was a counterfeit.
    Their reply was to send the $750.00 along with all of the items in my possession to the attorneys office in New York, and the case would be closed.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Here's the scoop guys. Just because you bought unlicensed jerseys from someone doesn't mean you now have a right to sell them. If you keep selling them then these guys will be forced to come after you. For the most part, if you lay low and stop selling the items it's probable that the case will be closed because $750 won't cover the cost of enforcement. Unless you get a settlement agreement from them, you aren't guaranteed of not being sued or their reporting your activities elsewhere. Probably if you offer the name of the supplier and promise not to sell now that you understand you were defrauded, they probably won't bother. If they still want to come after you it is about them wanting to get paid since they are probably working on a contingency fee.

    Bottom line - get out of the business since you've been spotted.
     
  3. whitefish72

    whitefish72 New Member

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    Couldn't have said it better myself.
     
  4. rye111

    rye111 Law Topic Starter New Member

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    What's the word on this from anyone that received letters? Have you guys done anything yet?
     
  5. treyman

    treyman New Member

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    Has anybody done anything with this? Also did anybody get a hard copy via us mail?
     
  6. treyman

    treyman New Member

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    never mind found it in the privacy policy.
     
    Last edited: Mar 6, 2008
  7. treyman

    treyman New Member

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    Is this thread dead? Has anybody done anything?
     
  8. st8erbruce

    st8erbruce New Member

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    It's been a long time since anyone posted on here, but i figured I would take a chance. I sold some jerseys under the impression that they were authentic from a website. It was a dropship transaction and the whole thing really seemed like it was working. Once I got the message on eBay, I stopped listing out of fear that something was wrong. I e-mailed the law firm asking what was going on and was told that I was liable for selling copyrighted materials. I recieved my e-mail today requesting $450 and jerseys in my posession. I have no jerseys in my posession as it was a dropshipper transaction. I paid them, they shipped the item to my consumers. I am really worried about the whole matter and any light on this would really be appreciated. Thank you
     
    Last edited: May 30, 2008
  9. seniorjudge

    seniorjudge Super Moderator

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    Start your own new thread.
     
  10. catnip76567

    catnip76567 New Member

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    How did this come out for any of you?

    I just received my second letter from them, and do not plan on responding to it either. The lawyer's signature on the letters isn't an actual signature, and neither letter was sent registered mail. I'm just curious as to how you all handled this.

    Thanks for any info you can give me.
     
  11. westleyhouse

    westleyhouse New Member

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    Trademark infringement on ebay

    I hired a lawyer to try and get this resolved. She contacted them several times and was strongly told that they would not budge on this and all criteria had to be met to avoid further action.

    After a month of trying to negotiate she instructed me to let it go and see what happens because they have no proof (other than an ebay photo) that what I sold was fraudulent.

    She also advised me not to sign anything from them because they will not put a guarantee on it that they won't still sue in the future. She tried to get that guarantee from them but they refused. To sign and/or send a jersey is to admit guilt, which is what they need to prosecute.

    I am going to let it go because most legal advice is that they really can't do anything about it without incurring great expense on their part.

    Good luck. If I hear any more from them I will post it here.
     
    catnip76567 likes this.

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