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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I was selling P90x on e-bay .they removed my lising because

Customer Question

I was selling P90x on e-bay .they removed my lising because the company beach body total them to . Now a month later I get a letter from there lawyers asking for $15,000.00. I am disabled & do not have that kind of money,What do I do? I sell maybe 100-200 items a year for some extra cash to make ends meet. What can I do? Thank you, Linda
Submitted: 4 years ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 4 years ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Were you selling legitimate DVDs or were these copies?

JACUSTOMER-xqvb831c- :

As far as I know they where legitimate dvd. I had purchase some from Dhgate.com. A company that advertises & sells on e-bay

BizIPEsq. :

If you are not sure about the legitimacy of the copies you were selling then in fact you may have a problem in that if you were selling illegitimate copies even unknowingly then you would be considered a copyright and trademark infringe. The good news is that if you can provide invoice to show that you purchased the DVDs and you had a reasonable belief that the DVD were authentic then would not be able to ask for statutory damages to the extent such damages relate to willful infringement.

BizIPEsq. :

To the extent possible you should find out from dhgate if the copies you were selling were legitimate. If they can provide you an assurance that the copies were legitimate then you relate that information to the lawyers who drafted the letter and demand that they stop harassing you. If however the copies turn out to be illegitimate then you need to carefully negotiate with the lawyers and basically convey to them in every possible way that you are disabled, that you do not have money and/or property and that if they sue you it will be a colossal waster of money and time for them

BizIPEsq. :

In conclusion, find out from dhgate if the DVDs are authentic. If they are not then start the process of convincing the lawyers that you have nothing of value.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work

JACUSTOMER-xqvb831c- :

I purchased them from Dhgate & found out they are illegitimate. Do I tell them that is where I purchased them? I am permanently disabled 12 years now & have limited income & a mortgage,Can I go to jail? I see a Psychiatrist Dr.for bad anxiety, depression & I have ADD when stress gets bad like now,I get very confused & can not think,I take xanax,cymbalta & wellbritian they have tried medicines to help me think & focus ,nothing has worked . I see a pain management Doctor & I have memory loss from that gives me oxcodone, flexeril & duragesic patches.

JACUSTOMER-xqvb831c- :

Can you help me with words? as to what I should write Please.I am totally messed up as what to do.thank you,Linda

BizIPEsq. :

Thank you for the additional information. Under the limited scope of services offered on JA and the terms of use experts are not permitted to draft documents on behalf of customers -- for that you'll need to retain a law firm. However are are some basic guidelines:

BizIPEsq. :

1) do NOT tell them that you have a mortgage. This will clue them in that you have property

BizIPEsq. :

2) figure out how much profit you made over the past several months and offer it to them

BizIPEsq. :

3) tell them in every possible way that you are permanently disabled for the past 12 years, that you have very little income, that you see a psychiatrist for anxiety, depression, that you have ADD and that you are very confused & can not think because you take xanax, cymbalta & wellbritian.

BizIPEsq. :

You cannot go to jail based on civil accusations. In fact most of these cases do not end up in court because the cost of a lawsuit is very expensive for plaintiffs. Obviously I do not know what will the lawyers choose to do in your case but as long as you keep conveying to them that you are a "mess" (so to speak) then may move on.

BizIPEsq. :

typo" they may move on.

BizIPEsq. :

If they cannot recover money from you there would be no point in suing you. So in conclusion you goal is to convey that you don't have money!

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work. In light of the extensive work a bonus would be appreciated.

JACUSTOMER-xqvb831c- :

Thank you very much for your help. I sure hope you are right.Thank you, Linda

BizIPEsq. :

you are welcome. Please rate my service using the rate button below, otherwise I do not get compensated for my work

BizIPEsq. :

Please be so kind as to rate my service. Without your positive rating I do not get compensated for my work. Feel free to follow up related questions once you rate.

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