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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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California, no, no, I just have a question about my rights

Customer Question

Hi Pearl!
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, I just have a question about my rights as a small business owner, this has to do with brand enforcement.
Submitted: 16 days ago.
Category: Business Law
Customer: replied 16 days ago.
Hi, I'm an online reseller, one of the sites that I resell general merchandise on is Amazon. in the last week I have gotten for the first time two letters of people claiming to be trademark owners. One of them gave me a 24 ultimatum to either provide proof of authenticity or remove my product from amazon (the product is authentic). He has not provided proof that he is indeed associated with such trademark, since I'm not willing to provide company information to an unverified subject he has threatened to take legal action and report my account to Amazon etc.. He claims that as a seller I have the obligation to provide him with proof of purchase/ authenticity. is this true?
The second letter is along the same lines, except this person provided a trademark registration number and just gave me a 24 hour ultimatum to remove the product from the market. This product by the way is authentic and in used condition.
If I do what they request every time I get such letters I'll be out of business soon.
What are my rights? do I have an obligation towards them?
Expert:  Richard - Bizlaw replied 15 days ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Are the two products in question that you sell, are they used products that you are reselling or are they new? On what basis do they claim that the product you are selling is not authentic product?

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