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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 110408
Experience:  Attorney practicing all aspects of copyright/trademark law
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I was sent an email from Clement and Ho that I was selling

Customer Question

I was sent an email from Clement and Ho that I was selling counterfeit Otterbox Cases on eBay. They state that if I don't respond by the 31st of this month they will file a federal lawsuit. The Otterbox items I purchased were from a reputable wholesaler here in the US.I sold 71 cases and have pulled them from my eBay account. How should I proceed?
JA: The IP Attorney will need to help you with this. Have you consulted a lawyer yet?
Customer: I tried and can't get an appointment with him until the 31st
JA: Is there anything else the IP Attorney should be aware of?
Customer: Not that I know of
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the IP Attorney about your situation and then connect you two.
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under your right to resell, if you legally purchased the items from a reputable wholesaler, then you need to send them a letter informing them of the name of your reputable wholesaler and that you legally purchased items that you were told were original items and you were exercising your right to resell. Inform them you have no information or proof that they were counterfeit and that they were purchased here in the US and you did not import them.
If they continue to pursue this after you provide them the information on your wholesaler in the US, then you would need to get a local attorney to defend you as this is not your fault nor your problem if you legally purchased them from a reputable wholesaler and if they are found to be counterfeit, you have a case against the wholesaler for selling you counterfeit merchandise and can recover all costs from them.

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