Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

I received a certified letter from and Pham looking

Customer Question
I received a certified letter...
I received a certified letter from Johnson and Pham looking for a settlement for items I sold on eBay (P90X dvd). I purchased these items from a wholesale website online, but their sales receive says make-up. They sent me these demands saying I was selling counterfeit items and need to send them all the details of my transactions and remaining merchandise. This letter came with a draft complaint as well. I have stopped selling these items and don't have anymore merchandise. Also, their investigator bought one from me and they found out that it was not legit
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 5 minutes by:
3/1/2016
IP Lawyer: Alex Reese, Lawyer replied 2 years ago
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified

hello.

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
I received a certified letter from Johnson and Pham looking for a settlement for items I sold on eBay (P90X dvd). I purchased these items from a wholesale website online, but their sales receive says make-up. They sent me these demands saying I was selling counterfeit items and need to send them all the details of my transactions and remaining merchandise. This letter came with a draft complaint as well. I have stopped selling these items and don't have anymore merchandise. Also, their investigator bought one from me and they found out that it was not legit
Customer reply replied 2 years ago
The letter is from California and I live in Texas. I responded to their request. I sent them the following letter:February 23, 2016Via Certified U.S. Mail
CARL ENCARNACION
8760A Research BLVD., PMB 118
Austin, TX 78758Re: Beach Body v. Power Trade Direct/ CARL ENCARNACION
Our File No.: 16-BB-1027To Whom It May Concern:First and foremost, I have had no intention on selling any items that are counterfeit or that infringe upon any protected intellectual property rights. I did not know that this goods were counterfeit. I sold the remainder P90X3 last January 31. Since then, I have not sold a single P90X3 and I promise that I will not sell it again. I am willing to act as a fact witness against the company that sold me the merchandise if you so choose.Along with this letter I attached the seller’s information and how I paid for the goods. I also included information on how I was paid.
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

this is a very common occurrence, it is a volume business for the company and J&P law firm. They will not invest a lot of time/money into trying to get money from you, they want quick money and don't want to file a lawsuit since it is not cost effect unless a lot of sales/damages are involved. In many cases, ignoring these guys has worked for many people, as they often give up. If you want to avoid risk all together you can settle with them, they commonly accept far less than their initial demand. You could offer them your profits and leave it at that.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

the chances of them suing you are very low (and that risk changes based on the volume of sales at issue)...for example, they will not sue over a few thousand in sales because their damages will be some portion of that and the cost of filing a lawsuit and proceeding will exceed that

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
in a email, They said that my sales excess $13,000. I told them that I won't response via email and the guy responses was" if your cooperation ends here I do intend to recommend litigation to my client". If they move forward, with the lawsuit, what could be the outcome? Keeping in mind that live in Texas and the lawsuit would be from California
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

they do a lot of bluffing that's for sure. in order to sue you in CA, they would need to have personal jurisdiction over you there, which requires you to have some presence or conduct business there....they will claim that you sell products into CA and point to their purchase of the item, but arguably that is not good enough (and they know that)...but that issue is something to challenge if you are indeed sued.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

But if they sue, you will need to get representation in California....you being in Texas and lack of jurisdiction will not be a barrier to them filing the suit, but it is grounds to challenge the lawsuit.....but if you in fact have sold or selling products to CA customers, or have done any business there, then that will not be a defense

Ask Your Own Intellectual Property Law Question
IP Lawyer: Alex Reese, Lawyer replied 2 years ago

I would avoid giving them information and good to not correspond by email...if you speak to them and want to settle you can offer your profit and other info (e.g. supporting documentation), but no use giving them anything unless they agree to that.

Ask Your Own Intellectual Property Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an ip lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
3,467 Satisfied Customers
Experience: Experienced in intellectual property law

Alex Reese is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

883 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

466 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

178 satisfied customers

12+ yrs. of legal experience.

< Previous | Next >

Related Intellectual Property Law Questions
I received a certified letter today I the mail from and Pham
I received a certified letter today I the mail from Johnson and Pham law firm stating that I have court with them Johnson and Pham vs plaintiff xxxxxxxxmyname here I recently sold p90x3 items on eBay … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I purchased a camera which bundled with a software (Adobe Lightroom
I purchased a camera which bundled with a software (Adobe Lightroom 5)rom a accredited/authorized seller. The software had notice with computers, digital cameras, scaners, and inkjet printers only. No… read more
Alex Reese
Alex Reese
Lawyer
JD
3,467 satisfied customers
Received a certified letter from Johnson and Pham re: selling
Received a certified letter from Johnson and Pham re: selling counterfeit item on ebay. An undercover operative purchase the item and apparently verified it was not authentic (Beachbody T25 DVD). They… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I received a mail (first class- no tracking) from Johnson and
I received a mail (first class- no tracking) from Johnson and Pham saying one of their investigator bought a "Trademark" case from me on amazon and it is counterfeit. The letter requiring me to provid… read more
montysimmons
montysimmons
Owner Simmons Patents
Doctoral Degree
328 satisfied customers
I received a certified letter from Johnson and Pham demanding
I received a certified letter from Johnson and Pham demanding min $15000 for items I sold on ebay (Insanity workout dvd). I purchased these items from a wholesale website online everything looked legi… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
561 satisfied customers
Johnson and Pham sent me a letter saying they had private investigator
Johnson and Pham sent me a letter saying they had private investigator who bought my items and confirmed they are counterfeits. Now they want me to settle with them by paying at least $20,000, want th… read more
Wilton A. Person
Wilton A. Person
Lawyer
Juris Doctorate
352 satisfied customers
I received an email from Johnson and Pham with 2 pdf attachment
I received an email from Johnson and Pham with 2 pdf attachment saying one of their investigator bought a Mophie case from me and it is counterfeit. The letter asked me to cease and desist and their i… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
883 satisfied customers
I have sold Zumba dvds that I believe are authentic. However
I have sold Zumba dvds that I believe are authentic. However I got an email today with a demand letter from Johnson & Pham for no less than $15000 and I must respond in 10 days and a draft complaint s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have sold Zumba dvds that I purchased from a seller on eBay
I have sold Zumba dvds that I purchased from a seller on eBay who claim that his inventory is from QVC. I got an email today with a demand letter from Johnson & Pham for no less than $15000 and I must… read more
Alex Reese
Alex Reese
Lawyer
JD
3,467 satisfied customers
I recently received a cease and desist letter from a company
I recently received a cease and desist letter from a company who calls itself Johnson and Pham; They represent Product Partners, LLC's Beachbody®. Unaware of the illegitimacy media I sold on eBay due … read more
BartEsq
BartEsq
Researcher
Doctoral Degree
192 satisfied customers
I sold 3 P90X dvd sets on ebay and received a Cease and Desist
I sold 3 P90X dvd sets on ebay and received a Cease and Desist letter from Johnson and Pham LLC. who represents P90X. This was done unintentionally and I was unaware that these were counterfeit. I bou… read more
Alex Reese
Alex Reese
Lawyer
JD
3,467 satisfied customers
Hi, I receive a letter from Johnson & Pham demanding money(15K)
Hi, I receive a letter from Johnson & Pham demanding money(15K) for copyright infrigement and only have 7 days to respond. This seems like extortion to me. I have search & read forums saying that lett… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
Beachbody P90x I am a online ebay seller of all sorts of
Beachbody P90x I am a online ebay seller of all sorts of things, I found a man selling 8 sets for $35.00 each on EBAY so I bought them and flipped them for about $85.00 each I honestly didnt think twi… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hi I receive an email from Johnson & Pham, LLP, Client Trust
Hi I receive an email from Johnson & Pham, LLP, Client Trust Account. And they demand to immediately cease and desist all unauthorized use of all Your Baby Can's intellectual property, including any a… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
883 satisfied customers
purchased insanity and p90x dvds from a website...purchased
purchased insanity and p90x dvds from a website...purchased them in bulk for a good deal thinking they were legit. i got the same packet that multiple people received saying johnson and pham wants 15k… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
178 satisfied customers
I am reading about all these people who have received letters
I am reading about all these people who have received letters from Johnson & Pham because they claim someone tried to sell their product illegally. I recently joined a drop ship company and it just so… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Wife made a mistake... she saw 8000+ people selling P90X DVDs
Wife made a mistake... she saw 8000+ people selling P90X DVD's on ebay. I felt that it was intellectual property and could not be sold. However, many of these people have been selling the product for … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
OK here is my situation, truely bad judgement but here it goes.
OK here is my situation, truely bad judgement but here it goes. I go to the flea markets in New Jersey every 2 wks and purchase low items and sell at good price in Philadelphia, well I came across a b… read more
Alex Reese
Alex Reese
Lawyer
JD
3,467 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x