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Wilton A. Person
Wilton A. Person, Lawyer
Category: Intellectual Property Law
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Experience:  MBA, Experienced and Knowledgeable in Intellectual Property Law
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otterbox

Resolved Question:

otterbox
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Wilton A. Person replied 1 year ago.
Thank you for your question. My name isXXXXX and it is my goal to provide you accurate information about intellectual property law.

Can you provide more detail as to your question? I assuming that you bought the items from an unauthorized dealer but I am not certain.

Are you exploring if you can sue the company that you bought the product? It is not clear from your question as to your specific concerns?
Customer: replied 1 year ago.

No, actually, he offered me a good deal. I was not sure if it is original, but when the inspectors came, they told me they are not original. I was very cooperative and help them to move out all units. Total of 1004 pcs. I talked to Otterbox representative, they told me not to do it anymore and i would be fine. I'm not sure what to expect right now. If they sue me, I have nothing to pay them, I already lost too much. Any idea? Thanks


 


God Bless,


 


Nguyen

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. No, it is unlikely that the company will sue you because it is not worth the company's time and resources to go after you when all of the products has been confiscated. You were unaware that the product was counterfeit and that the dealer had infringed upon the company's copyright and trademark by passing off its product as legitimate goods from the company.

Further, the company's damages are limited because you apparently did not have any profit that the company could obtain based upon the sell of the product. A copyright infringement claim against a third party is generally very difficult to prevail and the company does not seem to have any interest pursuing a claim against you.

In any event, the time limit of a copyright infringement claim is three years. You may be eligible to pursue a claim against the counterfeiter but it is very likely that it may not worthwhile to pursue a lawsuit because the costs would probably outweigh the benefits.

Wilton A. Person, Lawyer
Satisfied Customers: 4147
Experience: MBA, Experienced and Knowledgeable in Intellectual Property Law
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