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Help Needed - I got a "lawsuit " warning message on ebay guys, is it serious ?

Discussion in 'Ebay' started by zionbar, Feb 15, 2016.

  1. zionbar

    zionbar Jr. VIP Jr. VIP

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    Guys, Im selling on e-bay and I got this message : "

    CEASE AND DESIST ALL TRADEMARK INFRINGEMENT.


    XXX [censored the name of the company] LLC is the owner of a copyright in various aspects of XXX Brand and trademark. Under United States copyright law, LLC trademarks have been in effect since the date that xxx was established.IN 2004, All trademark and copyright aspects of xxx are copyrighted and trademarked under United States law.


    It has come to our attention that you have been Selling x x x products without proper authorization. We have evidence of your unlawful selling and condition violations listings as all merchandise bought from you would not have manufacturer warranty to preserve as evidence. which includes but not limited to test buys orders , Your actions constitute trademark infringement in violation of United States trademark laws. Under 17 U.S.C. 504, the consequences of trademark infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court

    "


    I was thinking that as long as I bought a product and paid retail for it, I should have the right to resell it, I took my own photos of the products and wrote my own description.

    Does anyone know whats the law regarding this thing ? am I allowed to sell brand-name products on e-bay after I bought them myself ?
    Do you think this message is serious or should I just ignore it?

    appreciate the help :)
     
  2. gh0st_0

    gh0st_0 Senior Member

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    In my opinion this is nothing serious just contact them and see whats the deal...
     
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  3. SamLewis

    SamLewis Regular Member

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    Who's it off?

    First to check it's not a competitor just trying to scare you.
     
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  4. Reaver

    Reaver Jr. VIP Jr. VIP

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    Just curious OP: did you copy and paste that email exactly as is? Because that is a lot of typos.
     
  5. tony_d

    tony_d Elite Member

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    As long as the product is not fake, and you haven't changed it in any way, you're ok.
    You are free to buy, stock, display, and resell and trademarked product.

    Look at the law regarding "first sale doctrine" - it covers your situation.

    The courts in the US have long held that once the holder of a copyright/trademark (first tested in relation to books, but then subsequently held to apply to physical goods too) sells that item, they lose control over what can or cannot be done with it, including reselling it.
     
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    Last edited: Feb 15, 2016
  6. zionbar

    zionbar Jr. VIP Jr. VIP

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    Yup, I did, just wrote XXX instead of the company name, what kind of typos do you see [ English is not my mothers' language so I didnt notice, maybe it was just written by a competitor if it was written poorly ]

    SamLewis - the person emailed this message to me on ebay, the username is XXX company, meaning the same company whos brand im selling, however, he only has 3 positive feedback and doesnt sell anything on e-bay.

    tony - its not a fake.

    do you guys think I should just ignore the message or reply with what tony said or what?

    thanks a lot for your help guys!
     
  7. digitalplat4m

    digitalplat4m Newbie

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    Yeah, I have to agree with alwaysinvisible ... something really suspicious about that email you got.
     
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  8. blackball

    blackball Junior Member

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    Comeon dude! Some guy sent you this? It's not even from official company email or ebay support. I think you should take a deep breath and relax:)
     
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  9. srb888

    srb888 Elite Member

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    If ebay calls, tell them to see the receipt of the purchase of the original. Then explain that it was a misfit and you simply want someone else to get it. If you have the purchase bill, and are selling as an used item, then I don't think you are in any danger. But if you are selling like 20 items, then you've had it... imho.
     
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  10. Tank

    Tank Jr. VIP Jr. VIP

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    First sale doctrine was the first thing that came to my mind as long as the item is legit and that the notice was actually from the trademark holder.
     
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  11. Reaver

    Reaver Jr. VIP Jr. VIP

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    Yes, there are a lot of typos in that notice. There is no way that's from the original company. Whoever sent you that is just trying to scare you.

    Also, the people talking about first sale doctrine in this thread are right. You can't get into trouble for that as long as the item is legit and you've got proof you purchased it.

    So just relax. It's all good.
     
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  12. zionbar

    zionbar Jr. VIP Jr. VIP

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    thanks guys ! appreciate your help !