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Let's say I both buy and resell certain goods using my own…

Hi,Let's say I both buy...
Hi,Let's say I both buy and resell certain goods using my own name, but I buy them using my relative's credit card. Let's say the goods turned out to be counterfeit, and the copyright owner decides to file suit. Since I was the one to have sold the counterfeit goods, can the copyright owner only sue me? Or can they also sue my relative since I bought the goods using his credit card?
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Answered in 5 minutes by:
1/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
Are you there?

I'm so sorry! I've been having internet connectivity issues; however, I am answering your question ASAP.

Legal Eagle
Legal Eagle, Lawyer
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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,489
Experience: 16 yrs. of trial experience
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This depends...can you tell me, was this a "joint" operation (so your relative and you are in a business venture together)?

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Customer reply replied 6 months ago
No, I am a college student and I bought books using my dad's credit card. However, I bought them and sold them under my name.
Customer reply replied 6 months ago
I do this on the side - there is no official business set up.
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 120
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Phone call session started
Customer reply replied 6 months ago
Sorry, please continue with the online answer.
Customer reply replied 6 months ago
Hello?
Customer reply replied 6 months ago
I declined the phone call. Please answer online.

Sorry...it showed that you had accepted a phone call...but I can answer onine. IF there was no agreement between you and the relative? Then there is no basis to charge the relative with anything...they could, in theory, charge you. But the relative has no liability here

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Customer reply replied 6 months ago
What if I ordered the books to his address? Again, I'm a college student, so I do not have an official place of residence. Can the copyright owner argue that since I do not have the funds to purchase these books and since they were ordered with his card, he was complicit and they can sue him as well?

They could sue...but to obtain a judgment, they must PROVE the relative broke the copyright law...what you are describing? I suspect they will not be able to prove it

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Customer reply replied 6 months ago
since I was the one to have sold the infringing books, regardless of who bought them, I would be the only one that could be held liable?

To be liable, they (the copyright holder) MUST prove that the defendant violated the law. What you are describing, for the relative, that simply is not the case. They (the copyright holder) can sue em...but they have to prove that the relative was violating their copyright...and what you have desribed, that did not happen

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Customer reply replied 6 months ago
Thank you so much!

:)

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