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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85902
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I attempted to sell a Tiffanys bracelet and necklace on ebay.

Customer Question

I attempted to sell a Tiffany's bracelet and necklace on ebay. The auction was canceled and I have received a letter from a law firm demanding $450.00 for offering counterfeit items on Ebay; surrendering all merchandise in question; providing source of purchase for merchandise. The merchandise has been in my possession the entire time. The term "illegal" and "counterfeit" are repeatedly use in the letter provided by the law firm. My question is how is it established the item is counterfeit through the auction and what should I do now (as I was not aware the merchandise was counterfit?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 4 years ago.
you should send a letter in reply stating you purchased the items, and make a photograph of the tiffany logo on the items, or even the receipt. They have sent you a form letter, which they most likely sent to any items listed on ebay of the client.

Edited by wallstreetesq on 4/2/2010 at 4:53 AM EST
Customer: replied 4 years ago.
On ebay, pictures of the items were provided and I do not have the reciept any longer. It was purchase from a private booth in an antique market. This was purchased over 2-3 years ago. After being unable to sell it on ebay, I gave it to my sister-in-law so I have no intent to try and resell the item anywhere else (as the letter request). The item is no longer in my posession. As my question initially posted: How is it established the item is counterfeit through the auction and what should I do now (as I was not aware the merchandise was counterfit but no longer have the reciepts.) Can the items be considered counterfit through a picture on ebay? What is it sounds like is you are telling me the proof of burden is on me to provide some form of document that this is not coutnerfit?
Expert:  Law Educator, Esq. replied 4 years ago.
The burden of proof is on the company to prove it is counterfeit since they are bringing the allegation. These companies do this sort of thing for a living in policing trademarks for counterfeit items. They do so in looking at the photos in the hopes of intimidating people to pay them. However, if your item is the real thing, and you really should go to a jeweler with the item to have it inspected and get a report from the jeweler that it is authentic and send them a copy of that report with a letter telling them that you made it as a legitimate purchase from the antique market and give the location and tell them you were selling it under the right of resale and as such you do not owe them anything nor do they have any proof the item is a fake.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85902
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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