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MShore
MShore, Lawyer
Category: Intellectual Property Law
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Experience:  Regularly draft and negotiate IP contracts/deals.
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I was selling Insanity workout products on ebay, I was buying

Customer Question

I was selling Insanity workout products on ebay, I was buying and selling the dvds. An investigator for beachbody LLC purchased one of my dvd and is claiming counterfeit. With me buying open as well as sealed products off eBay does this company have a legal standpoint? I sold these items from May 2011 to August 2011. I have sold about 260 dvd's.

Can beachbody LLC fight me on all dvd's sold based on the one purchase. Also I have made contact with there attorney? He is asking I email supply them with all my sales records and purchases and buyers I sold the dvd's to.

I feel if I do so I am playing into there hand and even though they olny have proof of one dvd, they may use the other sales against me .

Do I have any rights in this matter? Or do I need to play ball to keep out of court, and or being sued?
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  MShore replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Does beachbody LLC own the rights to Insanity?
Customer: replied 2 years ago.
Yes. I purchased a set off eBay in 2010. I did the workout, and thats how I got started selling there product.
Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX purchase from China by chance?
Customer: replied 2 years ago.

When I first started selling on eBay I did not knowing that these were pirated sets. I didnt know till I had become a beachbody member. I am a team beachbody coach and I started buying the product from them afterwards as well as other sellers on eBay that there product matched what beachbody llc sells.

 

I contacted beachbody LLC when I first started buying the sets. I asked them why the dvd's didnt play right. I was told since I didnt purchase them from there site they were not covered under warranty. I was never told at that time they were copies. I even asked if they manufactured two different sets for sale and I was told yes. I described the sets I seen on ebay and there customer service told me there sets were as such so I didnt think anything of it. Plus coming from china I thought it was just a wholesaler.

 

 

Expert:  MShore replied 2 years ago.
Not knowing is not a defense unfortunately. Your knowledge is presumed, otherwise any person infringing could claim that "I did not know" and not face any repercussion. You need to play ball... Please let me know if you have any follow up questions.
Customer: replied 2 years ago.

I received a letter from a attorney for selling beachbody products on eBay. TThe letter claims counterfeit. The attorney wants me to provide him with all my sales and buyers infor so as he states (please provide me with the following information and documentation in order to work towards an amicable resolution to this matter, absent litigation:

 

I feel if I provide him with this information. Beachbodys attorney will use my sales as a means to run up the damage claim. They only purchased one dvd from me and are basing all claims on this one dvd.

 

I purchased open sets and well as sealed sets on ebay from many sellers. Do I have to provide this attorney with this data, and if I do can they use it to sue me for more damages.

 

What if I do not provide this attorney with what they are requesting?

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