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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118789
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i received a letter and it said they will sue me for selling

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i received a letter and it said they will sue me for selling mophie cell phone cases on ebay. they are asking for info about the customers who bought them and 20k. what should i do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Were these cases purchased legally by you and you are reselling them?

Are they originals or are the counterfeit?
Customer: replied 4 years ago.

these items were purchased in a swap meet and i sold them i ebay' i had no idea they were not real. i have not had any issues with them. i do not have any more and i have sent a letter stating i do not have any more and i will not be selling anymore

Thank you for your response.

If these were counterfeit merchandise this could cause a problem for you. I would never recommend that a person respond directly to this type of claim, because anything you say can be used against you, so you really should use an attorney to respond. The response would be that you legitimately purchased them at a swap meet and provide proof of where you purchase them and you were selling them under your right to resell. Your attorney would tell them you had no knowledge the merchandise was fake or counterfeit and that you also did not make any profit from the sale at this point. The attorney will negotiate by telling them if they are counterfeit then you will cease sales and will surrender any remaining product to them or will destroy them at their discretion, but that you do not owe them anything for your conduct in that you believed you were selling real product which you had a right to do under your right to resell.

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Customer: replied 4 years ago.

the letter i received just says they can sew and want me to pay them out of cort. if i dont agree they will pretty much take me to court is what they are saying. i have been reading alot about this law ferm and seems like they try to threaten people and try to settle out of court. should i

Thank you for your response.

Yes, many of these cases are just looking to settle. Very few go to court. If you write them back regarding the information I told you above and you make a mistake and say something wrong, it can cause you trouble and make them sue you. This is why I suggested spending a couple of dollars now to get an attorney to respond to their letter to make sure you are protected properly and deny selling any counterfeit merchandise. Most times, the best settlements without attorneys I have seen is in the $1500-$2500 range, but with an attorney I have seen where nothing is paid and you just stop selling and turn over your inventory, it is because they are afraid that if you have an attorney you would go to court and they do not really want to go to court on these claims because if you prove you had no knowledge of them being counterfeit and the right to resell, the most they could get is the profit of what they can prove you sold.
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