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Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6360
Experience:  20 years professional experience.
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I was using my daughter Ebay account to sell the clothing

Customer Question

Hi there, I was using my daughter Ebay account to sell the clothing brand name. This brand sent lawyers to my daughter work.with legal documents regarding Trade mark breach. She is being asked to sign a document detailing : Where the goods come, Profit
made Rest of the stock Then talking about compensation and so on. My daughter said it is her name but dont know he is using the account. How can I take over my daughter and put myself foward. Pls adive me what to do thanks
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Maverick replied 1 year ago.

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Answer will follow in the pane below as per above parameters….

1. Have you told your daughter about this yet?

2. Can you please explain further what you mean by "How can I take over my daughter and put myself foward"

3. What would you like to see happen here?

Customer: replied 1 year ago.
The lawyers came to give all the papers to my daughter this morning. She phoned me to inform me of the visit of the lawyers.
As I am the one using my daughter account , I do not want her name to drag into the hole thing. She already told them it is not her using the account. She is being given a statement to sign within 10 days. Can she give my name as the account user?
Expert:  Maverick replied 1 year ago.

Well, if she opened the E-bay account in her name, it is not practical for her to now say that it is not her account. But, yes, she can explain that she gave you access to her account and that you were the sole person responsible for carrying out the transactions in question and that she had nothing to do with and did not collect any of the money or profits made from your sales.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 1 year ago.

Please go forward with your follow-up questions here in writing as some legal experts are not permitted to participate in the live phone call option depending on the regional licensing laws.

Customer: replied 1 year ago.
Here are the letters we receive from the lawyers. From what I have said of me declaring myself as the account user , what do we do do from now.
Expert:  Maverick replied 1 year ago.

So the first document is an option for you to settle this matter with them and the second appears to be a statement that you make about your profits related to this matter. That is what will likely be used as the amount that you have to pay them as damages plus the minimum 1,000 in legal fees. If you feel that you do not want to fight this matter then I would say you comply with their requests and sign off on the forms. If you do nothing, you will likely get sued. If that happens, you may end up with a much larger bill in the end because of the legal fees unless you have a legitimate defense.

Customer: replied 1 year ago.
Sorry for the late reply.
I am just wondering about the consequences if it goes to court and I fail to meet the penalties.
I have nothing right to loose like house or property.
Expert:  Maverick replied 1 year ago.

Well, yes your property would be at risk if it goes to court and you fail to meet the penalties. If at all possible it is best to try to settle this before it becomes a bigger problem.

Customer: replied 1 year ago.
But my question is that I have nothing to loose. What punishment for me if I fail to meet the penalties imposed by the court?
Thanks and happy new year
Expert:  Maverick replied 1 year ago.

Infringement of trademarks can be a criminal offence also. A range of criminal provisions are set out in the relevant Acts, and other offences such as those under the Fraud Act 2006 may also be applied. For the most part, these offences are most often associated with organised crime groups who are dealing for profit in fake branded goods. However, they can also apply to a legitimate business context such as here. It is anyone's guess as to whether this company has the political connections to force a prosecution. You would be best at making an effort to try to pay something to pacify them.

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