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montysimmons, Patent Prosecutor
Category: Intellectual Property Law
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Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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I purchased a handbag from an online site. That handbag was

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I purchased a handbag from an online site. That handbag was sold to me as authentic which it was not. I listed it for sale online. I received a cease and desist email from the company of the replicated handbag. I realize now that it was against the terms and conditions of the website. I also realize that not reading the terms and conditions and being unaware is not a defense. I just need to know how seriously I need to take this e-mail. They are asking for restitution which I do not have hence why I was selling things I no longer use. I will absolutely comply with not re-listing the item. 

Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  montysimmons replied 1 year ago.

We are talking about 1 handbag, right.

How much does this handbag cost New if authentic?


If under $5,000, I would ignore the e-email; just do not respond as if you are not getting them. IF they call, do not respond; hang up. They will almost surely go away. Even if they do not go away, you do not want to give them information.


I would get rid of the handbag somehow other that trying to sell it online.


(a) flee market is an option with full disclosure about the counterfeit issue;


(b) give it away as a present;


If they do not go away, come back and ask more questions and we will determine the best way to respond.

Good Luck


Customer: replied 1 year ago.

The bag is less than $5,000. Probably about $300 if authentic and new. I am going to donate the bag tomorrow into a clothes bin. I really did not realize I could get into a mess by selling it. Thanks for your time

Expert:  replied 1 year ago.

YOU STATE
The bag is less than $5,000. Probably about $300 if authentic and new.

RESPONSE

Then they would be stupid to press this issue beyond a few e-mails.



YOU STATED
I am going to donate the bag tomorrow into a clothes bin. I really did not realize I could get into a mess by selling it. Thanks for your time


RESPONSE

Such is a very good idea.


Good Luck.



montysimmons, Patent Prosecutor
Satisfied Customers: 240
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Electrical Engineer, South Carolina Attorney, Member of US Patent Bar