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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111550
Experience:  Attorney practicing all aspects of copyright/trademark law
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JA: . How can we be of help? Customer: I have question

Customer Question

Hi
JA: Hello. How can we be of help?
Customer: I have question regarding infringement of copyright on eBay. I have got letter from solicitor to pay damages
JA: We do not provide free answers, but the Experts charge a fraction of their Face-to-Face category: medical specialty: mental health price on JustAnswer. You have to make the payment yourself.
Customer: But you deal with infringement of copyright
JA: OK. The IP Attorney will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: I have got letter from otterbox company solicitors that you have sold item which is infringement of copyright. And they saying you sold round about 650 items and each item damages will be £20. Which is more then £13000. I am bit confuse and don't have that much money to pay.
JA: Is there anything else important you think the IP Attorney should know?
Customer: We provide them 420 items where they are not satisfied. And also there is no complaint on items which we sold it I
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: 6 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 6 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.
Are they claiming you sold counterfeit items? Did you buy these products legally?
Customer: replied 6 months ago.
I bought it from China but at that time I didn't know that these are infringement of copyright nether they told me. But the supplier based in China
Customer: replied 6 months ago.
They work on Ali baba
Customer: replied 6 months ago.
Where all people buy items and sell them online (alibaba.com)
Customer: replied 6 months 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.
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Review Legal Documents. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
I think ur response is too slow
Customer: replied 6 months ago.
Need answer please
Customer: replied 6 months ago.
I paid but haven't got no response
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply. Sorry for the delay, but please give the expert time to answer as 1) every time you post it resets the question and the expert loses what they have typed and have to retype, 2) the experts are working with multiple customers and all of them deserve the same time you deserve. Thank you for your understanding and patience.
Selling counterfeit items is illegal and grounds for them to pursue you for reselling them. You would need to argue that you purchased what you believed to be real items and pursuant to your right of resale after you made the first purchase you were entitled to do so. You need to surrender the information about your seller to them, but you should not do so without being represented by a local attorney, because if you say anything just slightly wrong when responding to them, then you could be liable for selling the counterfeit items.
You need to inform them also that you did not sell any items and have not made any profit from sales.
Customer: replied 6 months ago.
We provide invoice supplier company name and everything but they saying they are in China we have nothing to do with them because they are in China
Customer: replied 6 months ago.
also we can tell them that we haven't sold any. They bought some cases from us.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply. Sorry for the delay again, it suddenly got very busy with numerous replies from customers all at one time.
You need to tell them you made minimal sales and try to minimize it as much as possible, because they are going to demand you pay them all of your proceeds plus turn over all remaining infringing items and you do not want to do that. So you need to evaluate what you sold to try to minimize that number as much as you can. This is why I said you need to use a local attorney to reply, because the attorney can tell them things that you should not be telling them.
Customer: replied 6 months ago.
How can I get the local attorney.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You can get a local Intellectual Property attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com, as they have attorneys all over the world.

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