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

trademark infringement on ebay

Discussion in 'Copyright, Trademark, Patent Law' started by westleyhouse, Jun 16, 2008.

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

    westleyhouse Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    0
    Regarding trademark infringement on ebay: I saw this question on a thread from March but haven't seen anything since. I too received a letter from adidas counsel because I bought & sold 3 jerseys on ebay and was told they were counterfeit. The 3 people who bought the jerseys were told by ebay that they were counterfeit and fraud was involved and they should not pay me for them. They had already paid for and received the jerseys and left me wonderful feedback because they do not believe, after seeing the product, that they are fake. I do not want a lawsuit with adidas but I also feel like I am being scammed out of the $350.00 they are asking for. They also want whatever jerseys I have in my possession and the name of the manufacturuer I bought them from. I removed my other jerseys the first time I heard from ebay and contacted this adidas counsel letting them know that. Then I received this letter asking me to do all of this and admit guilt by signing their letter and returning letter with money and jerseys. Something just doesn't seem right about all of this.
    Of course I am scared about a possible lawsuit but I also do not have $350 to send them. That is why I tried working from home. No job! What next? Wait and see?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    For the most part, the attorneys want you to stop selling counterfeit merchandise. While the quality may be good, they are not licensed jerseys - correct? I think you know where I'm coming from. Addidas isn't happy because apparently they are saying that you are claiming to sell jerseys that are manufactured by Addidas and they want the proceeds of the sale and also to prevent you from selling any more jerseys. I'm not sure how you believe you are being 'scammed' out of money. Perhaps ignoring the demand letter and not selling any more jerseys may let this fire die... although there is no certainty.

    That said, you probably don't want to admit guilt and pay money and agree to every demand. If there would be any settlement you probably would want it to be a mutual agreement not to sell any more jerseys, no side admits that there was any wrongdoing and you'll agree to assist them in the ways that you can (and they'll probably want some compensation.) Whether you want to hand over the remaining jerseys (or just wear them and say you have no more for sale) is your call.

    But the bottom line is that you're not getting scammed. They due have a right to sue you and it could be for worse. There are a number of threads here on this topic and search again. I can't remember the name of the law firm but I think counsel may be in Florida.
     
    westleyhouse likes this.
  3. westleyhouse

    westleyhouse Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    1
    Trophy Points:
    0
    I only felt a 'scam' because nothing is hard copy - all email. Also I truly believed these were authentic. I guess a sucker is born every minute.
    Thanks for the advice - I will contact them again to see if we can work something out.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    Just be careful. If you do contact them and have a discussion what you'd want to do is exchange information for an agreement not to pay both remuneration for selling the jerseys nor any other damages. Essentially they will release you from any further obligation. But just make sure you get your story correctly because if you claim to have been scammed yourself... well... I'll bet that if the story doesn't sound that convincing they'll say you should have known it was a scam and that those jerseys shouldn't have been so cheap. Good luck to you.
     
    westleyhouse likes this.
  5. halster

    halster New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    wonder...

    I believe the same thing has happened to me...

    a law firm in New York? asking for a check...

    there was no intent on my part

    there was no logo on the email stationary...

    adidas lowercase...letters...
     
  6. w3guru

    w3guru New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Hi,

    I got an ebay from ebay that they have removed 8 of my listings of Jersey's and called it trademark infringement. I am assuming I might get a letter soon as well asking for money by adidas. My question is, if I pay them does this go on my credit or my record?

    Also, how did you guys handle this. Any updates?
     
  7. catnip76567

    catnip76567 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Adidas Group Demand Letter

    Add me to the group that this has happened to. I received both an email and a letter by USPS from the law office in New York that is representing the Adidas Group. The letter sent by post was not a registered letter. I would think that it would have been sent registered mail, signature required, so that they could prove i received the demand letter. Do I still need to respond to it by the date they gave me?

    I did not know if these were real or not, so did not use the word Reebok in the eBay listing. I don't know if that helps or hurts me worse. If I do not respond will this get worse? If I pay the demand price of $450, how do I know that they will not use that as admission of guilt against me anyway? The letter doesn't say that they will not take things further if I pay.

    I will do whatever I need to do, I just don't know how to proceed. I was given this jersey, so I have no source information on it for them. Also, without the jersey in question, how do they prove the charges they are saying I am guilty of?

    Any help from you will be greatly appreciated.
     
  8. w3guru

    w3guru New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    I am still waiting to find out if we send the payment and call it done, does that go on our background?
     
  9. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    If you want to settle it - and you need to be very insistent on trying to play your cards right and not show fear of suit, then you need to insist that your settlement agreement will include confidentiality and no admissions or claims of wrongful conduct by either side.
     
  10. anoj

    anoj New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Does anything ever come out of this? I had 2 jersey's for sale that were both removed, but authentic. I have received an email and a letter, but I dont know what to do. Also, the law firm will not return my calls and I am not sure how genuine these letters are. Any help will be appreciated!
     
  11. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    What does this mean? The jerseys you were selling were authentic?

    1) I don't even know if all the law firm letters you are receiving are authentic. If they don't respond by phone, best to send a fax if you need to communicate (and be careful) to ensure proof of your response. It's up to them to prosecute.

    2) If the firm doesn't have fax numbers and the communication seems amateurish, it's possible that it could be yet another scam - demand letters for money which is sent to a phony organization.
     
    anoj likes this.
  12. anoj

    anoj New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Yes, One of the jersey's is signed and has a hologram from Mounted Memories, the other has the NFL hologram on the tag. No one at the firm will respond to my calls or emails. Should I just let this go for now?
     
  13. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    It's up to them to prosecute. If they don't bother, you don't wake a sleeping tiger.
     
    anoj likes this.
  14. anoj

    anoj New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    If they do prosecute, they will have to prove my items are fakes, correct? Also, could I countersue for damages if my items are legit-if they actually come after me? Thanks
     
  15. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,037
    Likes Received:
    552
    Trophy Points:
    113

    If it was a malicious prosecution, yes. However, don't expect a windfall. You can attack any suit if it doesn't provide any evidence that any infringement actually took place. Make a motion to dismiss that the items are authentic and make a motion for the company to pay all your costs and request damages.
     

Share This Page

Thread Status:
Not open for further replies.