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Old 04-17-2007, 08:29 AM
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Default Selling illegal items (items that fell off the back of a truck)

As I mentioned before my seller gives me items which I guess was made illegally (during night shifts and such).

Recently I also mentioned this buyer who was giving me hell about reporting me to the brand names legal department for selling current season items which other people could not get at wholesale or sales and which she said was either illegal (stolen) or ⊗⊗⊗⊗. I emailed her saying that they were authentic and she can check them out at the department store and compare. However she said she reported me for selling stolen goods.

She did report me (she emailed me) and told them all my other names on Ebay. I only have 2 other ID's because at the time I used Greendot, and of course I had to use the same last name in order to get a CC. So, basically she know my ⊗⊗⊗⊗ names, but with my real last name. She also knows my REAL name from one of the emails I sent her from a return label which I never use now (she doesn't know it's the real name as she told me she reported my names as X Smith, Y Smith, Z Smith, W Smith, you get the idea one of them being real)

All the address I used are ⊗⊗⊗⊗ also - but it's all in the same town (due to IP issues, I do not want to get Ebay suspcious) and it's not a very large town! I'm the ONLY person with that last name in this area. However since I am only temporarily staying here my number or anything is not published.

Anywho, so the last few weeks I've been really worried that the brand name company will sue me. I still have about 15-20 of inventory of that brand I need to sell off and then I'm done with it for good. But I'm not willing to risk it if I will get sued.

The questions I have been wondering for weeks are as follows. If anyone can answer I will greatly appreciate it. I don't have the money for an attorney and am not familiar with law at all!

1) What are the steps for the company to sue me? For example, do they have to purchase a dress from me, send it to their legal department for evidence, or they don't have to?

2) How then do they know my address? Do they require a User Information Request on Ebay? What if I can't receive their summons letter b/c it's a ⊗⊗⊗⊗ address?

3) Can they hire a private detective to find me in this town?

I'm thinking about stopping all my auctions and moving asap because I am so scared.

I know selling illegal items is wrong, and truthfully I had been ignorant about the origin of that brand I sold on purpose so I don't have to deal with this. But now that this buyer has reported me, Ebay doesn't seem worth it...

Thank you for all your advice in advance!
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Old 04-17-2007, 08:30 AM
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Also, this brand is based in NY, how can they sue me if I am out of state?
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Old 04-17-2007, 09:00 AM
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Hi

I wished I could help out with legal advice, but I am afraid I can not.
Things seem to be much easier and relaxed when you live outside US/CA.
Just want to let you know that I wish you all the best,

Cheers

Andreas
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Old 04-17-2007, 10:33 AM
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Calm down. The company isn't going t sue you. They have better things to do then waste their time and money trying to sue a low reseller.

And if the buyer knows your name, then why don't you change your name in the ebay account settings to something she don't know?

In my ebay account I just have 2 initials as my name and no street address.
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Old 04-17-2007, 10:57 AM
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Well this company just sued another Ebay seller who only sold like 5 items a week which is why I am afraid.

But then the other Ebay sellers that were sued were in the brand's home state of New York, while I am in Michigan and there is nothing designer about Michigan! I don't know....

Gahhhhhh!!!!!! will PM you about the feedback thing now
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Old 04-17-2007, 11:03 AM
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I didn't think it was possible to not have a street name. How'd you figure that one out? Bet there's a story there.
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Old 04-17-2007, 11:53 AM
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Okay, so I changed my registration info to a ⊗⊗⊗⊗ name instead of my real one. However my credit card is still my real name. Will I get suspended for having a ⊗⊗⊗⊗ address/name, but different real credit card info?

Please reply, THANK YOU!
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Old 04-17-2007, 12:56 PM
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Quote:
Originally Posted by ihatebay View Post
Okay, so I changed my registration info to a ⊗⊗⊗⊗ name instead of my real one. However my credit card is still my real name. Will I get suspended for having a ⊗⊗⊗⊗ address/name, but different real credit card info?

Please reply, THANK YOU!
naw.. You did the same thing i did. But i did mines 6 months ago..
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Old 04-17-2007, 06:20 PM
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Quote:
Originally Posted by Modee View Post
ihate you ask two different things.

1 - Will you be sued, or worse (prosecuted)? The actions you are taking like changing your name and so on indicate knowledge of guilt. As a matter of fact, you probably knew all along exactly what you were doing. The standard for a conviction for receipt of stolen property is whether a reasonable person in that situation would or SHOULD have known that the items were stolen.

Further, changing your name will not get you off the hook. They can trace you from your credit card information, especially if the EBAY user agreement allows them to give this information to law enforcement or people suing for trademark infringement. They can also trace you from your IP and MAC address if it gets to that point.

I think enough said on that.

2 - You are asking if your EBAY account will be suspended for changing your name. That might be a flag, but I think the main thing that got you suspended before and may again is the sale of this stolen or counterfeit merchandise.

Overall assessment: I would guess that neither the authorities or the manufacturer care about a small time operator like you. But now that you have committed the offense and left so many tracks, trying to clumsily undo them will just make you look more culpable. I would leave it alone and stop selling that stuff. You knew exactly what you were doing. More than likely nothing will come of this.

Ten years ago you could sell about anything on the internet and no one could or would bother to trace you. Now when one little item gets stolen the owner is scouring EBAY and the like to find out if it is being sold.
Hi Modee, I will stop selling on Ebay of the suspected goods it's just that I have over $7000 worth of the inventory. I already am starting to sell other things which are still safe (anime cartoon books). Thanks for your detailed advice! I really appreciate it!
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Old 04-17-2007, 06:25 PM
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Quote:
Originally Posted by Modee View Post
ihate you ask two different things.

1 - Will you be sued, or worse (prosecuted)? The actions you are taking like changing your name and so on indicate knowledge of guilt. As a matter of fact, you probably knew all along exactly what you were doing. The standard for a conviction for receipt of stolen property is whether a reasonable person in that situation would or SHOULD have known that the items were stolen.

Further, changing your name will not get you off the hook. They can trace you from your credit card information, especially if the EBAY user agreement allows them to give this information to law enforcement or people suing for trademark infringement. They can also trace you from your IP and MAC address if it gets to that point.

I think enough said on that.

2 - You are asking if your EBAY account will be suspended for changing your name. That might be a flag, but I think the main thing that got you suspended before and may again is the sale of this stolen or counterfeit merchandise.

Overall assessment: I would guess that neither the authorities or the manufacturer care about a small time operator like you. But now that you have committed the offense and left so many tracks, trying to clumsily undo them will just make you look more culpable. I would leave it alone and stop selling that stuff. You knew exactly what you were doing. More than likely nothing will come of this.

Ten years ago you could sell about anything on the internet and no one could or would bother to trace you. Now when one little item gets stolen the owner is scouring EBAY and the like to find out if it is being sold.
By the way, I wasn't suspended for selling stolen or counterfeit products... it's because I kept on making my user ids from the same IP and not clearing cookies.

There are over ... 500 auctions right now of people selling the brand which I was selling... they aren't suspended right? My items are authentic, comes with Saks tags and all that stuff :\ and I don't know 100% if they are stolen but hey, if I get them directly from China in limited quantities at the exact time when they are to be shipped overseas to USA and not from the retail stores I think it very well is. However I doubt that just because I am selling these items get me suspended because there are like I said 500 other people selling the same thing/brand, some powersellers get them just like I do (my supplier tells me who imports from her) except with their almighty feedback Ebay or buyers don't suspect a thing :(. Woe is me. haha, ....................just kdding!

I got your message and honestly ... I just want to sell off my inventory and then I'm leaving this :\ and moving onto something else.
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Old 06-17-2010, 11:03 AM
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i can understand what are you talk,acutally not is all the goods are counterfeit from china,there are a lot of cheaper products in china as well.Even the brand products,of cource there are a lot counterfeit mobile products in china,this is the fact.
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Old 06-17-2010, 11:25 AM
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well where are the real goods in china b/c i have yet to find them.
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Old 06-17-2010, 11:54 AM
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well 95% of all products are made in China, they arent all replicas - you knew that didnt you??
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Old 06-17-2010, 12:00 PM
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If you're talking about genuine brand name products then a plane ticket to shanghai and the back door of one of the factories might be a good place to start and a big pocket full of cash. Just makes you wonder how many people out there aren't already doing that, say hello to my good friend who works down at the local nike factory in china.

Last edited by jbluntz; 06-17-2010 at 12:09 PM.
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Old 06-18-2010, 09:35 AM
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not only shang hai,shen zhen also is famous place for these kind products
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Old 06-18-2010, 09:54 AM
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Have a seat in your favorite chair. Reach around and have a look at the items closest to you. See where they are made. Then go to your garage (if you have one). Examine a few items to see where they are made. Look at your mouse. Mine is made in china. My TV remote. My PC speakers. My underwear. My pocket knife. Most of the tools I use. My satellite box, my cable box, every single one of my cable modems. My network adapters (PCI and USB). My cordless phone. All of my cell phones. My Linksys/Cisco routers (yes, all 7 of them). My KVM switch. My printer. The silverware in my kitchen and my beer glasses. My motorcycle helmet.

I have not yet found anything around my home made in the USA, except my Mountain Dew and the milk in my fridge. A few things from Taiwan, sure. Japan, yep. Indonesia, even (electric razor).

Over 100 items just now checked. 92 made in China. All genuine manufactured goods purchased or rented from a store or provider here in the good old USA.

Odds are, real goods come from China. Some phaik, too. But fractionally, the bulk of goods made in China are official. A tiny tiny teeny weenie (nothing personal) itsy bitsy smidgen of the product coming out of China is illicit.

Sorry.

[edit]
I even checked my vehicles.
Motorcycles-most components Japanese, Chinese, and German. Granted they are a Suzuki and a BMW...

Cars - Ford (2) Japan, China, Germany (brakes). Jeep (2 of these too) - Mexico, Japan, China. Toyota - well, you take a guess. Chrysler - Japan, China, Malaysia.
[end edit]
Quote:
Originally Posted by aking View Post
well where are the real goods in china b/c i have yet to find them.

Last edited by Vicvelcro; 06-18-2010 at 10:00 AM. Reason: Eye cna't splel
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Old 06-19-2010, 10:40 AM
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ha ha ,i think china products are very famous now,and many people can not live well without chinese products,as they are so cheap and useful.
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Old 06-19-2010, 10:54 AM
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It's not that it's Chinese.. it's that the products are cheap for the companies selling them.

It's all about profit and right now China is the place to get your products made cheap. This won't always be the case. As you see wages in China are increasing. As this happens things won't be as cheap anymore.. meaning companies may look else where to have their products made.

Luckily China has awhile until this is a problem, hopefully they can shift away from being the worlds factory, to something less backbreaking.
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Old 06-19-2010, 11:09 AM
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Actually it is very shame for this,chinese factory workers salary is very cheaper,and it is about 150 usd each month,and they need to work for 12 hours every day.That is why the product is so cheap,so the customers get a big benefit from the cheap product,but they do not know the original reason .
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Old 06-19-2010, 11:13 AM
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Let us take the apple iphones for example,apple ask the china factory to produce the apple iphones ,and china side just make 4 usd each phone,but do all the tired job but the apple make over 70 usd each pc easy
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