Kickflip
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Was this a joke? Do your time like a man? What does that even mean?
Being Sued Possible Arrest
- Thread starter rhino2020
- Start date
Was this a joke? Do your time like a man? What does that even mean?
dude, it's time to bail-out. you can't bail-out after your convicted, and it sounds like your going to plead guilty. you can make decent living in a lot of countries for under $1k - and most of those countries don't have a "white market" and therefore there is no black market. Replicas, nulls, chipped xbox's and such are the only things for sale.
I'm sure your attorney will tell you that even if you settle with the manufacturer, the DA will still press criminal charges. I'm sure your attorney is costing you $300 an hour; but if you review case-law that accurately reflects your own you will see that yours is not unique. They all end the same. There are very few surprises in the court room.
Everyone always says get an attorney, everyday I used to see abusive and violent divorce cases in the courtroom over child support. These people have spent thousands on attorneys, "so-and-so cheated", "he was abusive", "he's a drug addict", "she's an alcholic". End result is always the same - 25% for the first child and 20% for the second - next please.
I've never even seen a judge make eye contact with either party. I'm sure you'll do minimum with no priors, but with priors you're in trouble.
I'm sure your attorney will tell you that even if you settle with the manufacturer, the DA will still press criminal charges. I'm sure your attorney is costing you $300 an hour; but if you review case-law that accurately reflects your own you will see that yours is not unique. They all end the same. There are very few surprises in the court room.
Everyone always says get an attorney, everyday I used to see abusive and violent divorce cases in the courtroom over child support. These people have spent thousands on attorneys, "so-and-so cheated", "he was abusive", "he's a drug addict", "she's an alcholic". End result is always the same - 25% for the first child and 20% for the second - next please.
I've never even seen a judge make eye contact with either party. I'm sure you'll do minimum with no priors, but with priors you're in trouble.
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This is a perfect example of how the big-timers are the ones who get targeted. 6-figures in profits is way too much. It's hard to resist a quick thousand here and there, but you need to be mainly legit. I haven't heard of any small-timers getting in trouble more than a shipment getting seized and destroyed....
shaddelick
Regular Member
- Sep 14, 2008
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with just $300 bucks you can cover your tracks so well that they'd be looking for a needle in a haystack. Anytime i will start a major campaign I cover my tracks. In life always use protection!
rhino2020
Junior Member
- Jun 5, 2011
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Ok, need to clear some things up. first What I was selling on ebay making 20k on had nothing to do with this, totally different item. That hasn't even been mentioned This was first time I had ordered these, never sold them before either. My lawyer which is also my friend and neighbor. So he's not charging me a arm and a leg. As far as I know this is just between me and the company at this point. He sent a letter today offering to settle out of court. They threatened to push for criminal charges if we didn't settle, so I'm hoping that we can come to a amount. Customs valued my 40 items at $1,800 so I think the 700k is a bluff. I mean it was 1 med sized box not a pallet.
ScrapeBoss
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Kickflip
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It is an open and shut case it seems for them since you are even considering settling, so I don't think the 700,000 is a bluff. It is meant to scare you into settling for less, but if you DO go to court, I think they will stick with the $700k. Would you even show up to court or would you leave the country?
rhino2020
Junior Member
- Jun 5, 2011
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Was purchased off aliexpress, don't think it was a sting. I have purchased from this guy for 6 months before this happened and I know people who have bought from him for years with no issues. Think it was just a random check and they got lucky.
rhino2020
Junior Member
- Jun 5, 2011
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honestly don't know, couldn't tell you at this point if I would flee or not. crossing my fingers that we can settle out of court and not have to worry about that. I have everything set up to if needed.
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Expertpeon
Elite Member
- Apr 22, 2011
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Ok your story doesn't make a lot of sense.
1) items came through customs (I assume labelled/boxed up with the manufacturer's crap on it... a no-no in all cases, and a rookie mistake)
2) customs seized it, and contacted the manufacturer to tell them that someone was shipping counterfeit goods of their product (lolwut? since when does the US customs office do this?)
3) You had not sold a single item of this, but for w/e reason they're now suing you based upon hypothetical "damages" to their brand from seized items that you never sold ?
Did that about cover the story you've set down in this thread?
It makes no sense, this isn't how this happens at all.
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kilaz
Senior Member
- Aug 15, 2009
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I was in a similar situation a couple of years ago. Eventually they just settled with me with an agreement that I would no longer sell the items and if I did they would come after me. If they offered you something like that and you ignored it, welll... But if this is the first time they notified you then maybe your lawyer can work something out for you.
Expertpeon
Elite Member
- Apr 22, 2011
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Right, this may actually happen (never really saw it happen myself but whatever let's assume it does)
So these <insert company's product> that you have replicas of were seized, the manufacturer found out, now the manufacturer is suing you for damages, damages can only be sought if monetary damages can be proven by your actions.
"Congress recognized that "counterfeiters' records frequently are nonexistent, inadequate, or deceptively kept..., making proving actual damages in these cases extremely difficult if not impossible."
If they elect to avoid the counterfeiter's claim and seek actual damages (prob unable to prove them at all) they will have to seek for trademark violations and of course ANY criminality therein.
"But does a plaintiff's election of statutory damages under Section 35(c) preclude an award of attorney fees? According to the Ninth Circuit's recent decision in K&N Engineering v. Bulat, [510 F.3d 1079 (9th Cir. 2007)] the answer to this question is yes."
"The plaintiff in K&N Engineering elected to recover statutory damages on its counterfeiting claim under Section 35(c) in lieu of actual damages and profits, and also sought attorney fees under Section 35(b). The district court granted summary judgment for plaintiff on all claims and awarded $20,000 in statutory damages and $100,000 in attorney fees. On appeal, the Ninth Circuit affirmed the district court's grant of summary judgment and its award of statutory damages, but reversed the award of attorney fees."
The prevailing wisdom here.
Your attorney should be quite pleased as statutory damages in this case, which is probably what they'd need to elect to get anything close to $700k (still nothing close though, otherwise reach a maximum of 3 times the valuation of the seized goods under section (b)
Easiest way out of this is still to just leave the USA... I'd much rather do that than even pay a measly $1800 settlement.
The USA sucks ass anyway, and I Hope you chose to run replicas because you were making tons of money, and you have tons of money set aside presently.
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rhino2020
Junior Member
- Jun 5, 2011
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They already have. Did you read my op?