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I have a question about a copywright issue I'm dealing with.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Washington

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Submitted: 21 days ago.Category: Legal
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Answered in 1 minute by:
3/29/2018
Lawyer: Attorney Wendy, Lawyer replied 21 days ago
Attorney Wendy
Category: Legal
Satisfied Customers: 475
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I would be happy to provide information regarding your copyright issue if you can provide a summary or some detail about the situation and what your question(s) is.

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Customer reply replied 21 days ago
Hi Wendy, thanks for your response. So I live in the United States but basically I run a small dropshipping store on Shopify selling products from China for a market up price to consumers all around the world.I have never had any problems until this morning when I was contacted by a lawyer for a company sent me two letters this morning, one was threatening a lawsuit, and the other was just telling me to follow their requests and the matter will be resolved.I followed their request and removed the product from my store as well as stopped promoting it.My question is how exposed am I and is there any further action I should take?
Lawyer: Attorney Wendy, Lawyer replied 21 days ago

I am assuming the letters indicated that this lawyer represented someone with either a copyright or trademark or other intellectual property that was allegedly being infringed upon by this product. If that is the case, you should be fine having removed it. You may want to be sure to keep the letter that stated that if you did as they requested that would end the matter; and you may want to send a response to that letter stating you just wanted to confirm that you have done as was requested and understand the issue has been resolved.

Technically if the product infringed on someone's intellectual property you could be said to have infringed on their rights and then you would look to your supplier to reimburse you for any liability, but that can be hard under circumstances like this. The good news is that most issues of this sort will be resolved simply by doing what you have done. There isn't a lot for them to gain by pursuing any legal action unless you had made a lot of money with the product and/or had sold the product knowing it infringed upon another party's intellectual property rights.

I hope this information is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as result of this conversation.

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Customer reply replied 21 days ago
Well I'm not quite sure what a lot of money entails.I did sell a lot of units - but didn't make any profit at all due to advertising costs.Should I be worried about that?
Lawyer: Attorney Wendy, Lawyer replied 21 days ago

I wouldn't worry too much about it at this point; just keep all your documentation about the product in case anything more comes of it. If you received a letter saying do x and that will resolve the issue and you did x, that will likely be the end of the matter. A lot of money is obviously relative, but litigation of these issues is long and costly. If you made tens of thousands of dollars off the product (gross), then someone who thinks it infringed their rights might consider a lawsuit; or it might take even more than that. So, if you stopped selling the product as soon as requested to do so - or as soon as practicable after notice - you should be okay. Just, as I said, keep any records on the issue, including the letter about how to resolve the matter. You should be able to rely on that if necessary in the future. But hopefully this will be the end of it.

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Lawyer: Attorney Wendy, Lawyer replied 15 days ago

I wanted to check back in to see if there was anything else with which I could help you regarding this issue.

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