Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, I will be assisting you
Were you selling legitimate DVDs or were these copies?
As far as I know they where legitimate dvd. I had purchase some from Dhgate.com. A company that advertises & sells on e-bay
If you are not sure about the legitimacy of the copies you were selling then in fact you may have a problem in that if you were selling illegitimate copies even unknowingly then you would be considered a copyright and trademark infringe. The good news is that if you can provide invoice to show that you purchased the DVDs and you had a reasonable belief that the DVD were authentic then would not be able to ask for statutory damages to the extent such damages relate to willful infringement.
To the extent possible you should find out from dhgate if the copies you were selling were legitimate. If they can provide you an assurance that the copies were legitimate then you relate that information to the lawyers who drafted the letter and demand that they stop harassing you. If however the copies turn out to be illegitimate then you need to carefully negotiate with the lawyers and basically convey to them in every possible way that you are disabled, that you do not have money and/or property and that if they sue you it will be a colossal waster of money and time for them
In conclusion, find out from dhgate if the DVDs are authentic. If they are not then start the process of convincing the lawyers that you have nothing of value.
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I purchased them from Dhgate & found out they are illegitimate. Do I tell them that is where I purchased them? I am permanently disabled 12 years now & have limited income & a mortgage,Can I go to jail? I see a Psychiatrist Dr.for bad anxiety, depression & I have ADD when stress gets bad like now,I get very confused & can not think,I take xanax,cymbalta & wellbritian they have tried medicines to help me think & focus ,nothing has worked . I see a pain management Doctor & I have memory loss from that gives me oxcodone, flexeril & duragesic patches.
Can you help me with words? as to what I should write Please.I am totally messed up as what to do.thank you,Linda
1) do NOT tell them that you have a mortgage. This will clue them in that you have property
2) figure out how much profit you made over the past several months and offer it to them
3) tell them in every possible way that you are permanently disabled for the past 12 years, that you have very little income, that you see a psychiatrist for anxiety, depression, that you have ADD and that you are very confused & can not think because you take xanax, cymbalta & wellbritian.
You cannot go to jail based on civil accusations. In fact most of these cases do not end up in court because the cost of a lawsuit is very expensive for plaintiffs. Obviously I do not know what will the lawyers choose to do in your case but as long as you keep conveying to them that you are a "mess" (so to speak) then may move on.
typo" they may move on.
If they cannot recover money from you there would be no point in suing you. So in conclusion you goal is to convey that you don't have money!
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Thank you very much for your help. I sure hope you are right.Thank you, Linda
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