Apple is going to sue me!!!

ebaystealth1974 · #23 11-15-2017

Quote:

Originally Posted by phaz0rz

like they did with Mobile Star last year.

What'd they do to them?

walkingupwards · #24 11-15-2017

Quote:

Originally Posted by phaz0rz

If OP is being truthful there's not really any way Apple could make an example out of him like they did with Mobile Star last year. OP says he wasn't even selling phake Apple stuff, he just used the trademarked word "Apple" in a listing title. I don't see how anyone could extrapolate an accurate dollar amount for how much OP has costed Apple by using the term "Apple" in a listing title for a generic cable.

When I talked to this German lawyer on the phone, I asked him if Apple is going to sue me or not. He was like, I can't talk for them or make decisions on their behalf, but I should get back to them soon and if I say that you have been cooperative I think they will not take further actions.

What is calming for me is that they have not bought any of my cables, so how would they prove it in court that the cables are not original? I told that to their lawyer and he told me that he has printed the negative feedbacks I got on Ebay. I had roughly 2000 feedbacks on ebay.de, 8 out of 2000 are negative and state that the cables are not original, around 1990 feedbacks are positive and 60 of these say exactly the following:

"Product exactly as described"

So if they want to use the feedbacks in court as an evidence that the cables were ⊗⊗⊗⊗, then I could counter that by saying there are more positive feedbacks confirming the cables were authentic!

As I asked the lawyer how does he know the cables I sold were ⊗⊗⊗⊗, he said:

"Original cables could never be sold for such a low price and they always come the packaging"

walkingupwards · #25 11-15-2017

Quote:

Originally Posted by dallis

You're going to need a thicker skin and stronger nerves to be in this business than you're showing here.

Thanks a lot for the precious advice.

You know I was roaming the internet the other day and a wise old man on YouTube said:

"Out of stress, you should come stronger"

I believe this whole mess has and will be played to my favor. I have not experienced how to deal with threats from lawyers before and there is always a first time for everything.

nickopedia · #26 11-15-2017

Your first mistake was to even respond to Markmonitor at all. They are a sham IP protection service used by 3rd parties.

Markmonitor and others like them can go pound sand. At the same time, it's not this forums focus to dispense legal advise. In the future it's best to seek the advise of a lawyer BEFORE contacting anyone accusing you of anything. Ignoring it may make it go away, OR not.

dallis · #27 11-15-2017

You said you contacted a lawyer and he said:

If it were me I would not pay anything upon receiving such a letter, let Apple sue for the money first. They do that very seldomly

Now you're saying he said something else.

AND you never said you sold 2000!!!! cords. Or, 2000 feedback which means maybe as many as 10-20K cords!!!

You're not just a guy who sold a few cords, you've gone wayyyy over the top.

Stop asking us what to do and HIRE AN ATTORNEY!!!

rsot · #28 11-15-2017

Ah the truths keep coming out - 2000...wow

stealthbiz · #29 11-16-2017

Be careful with these lawyers. They will try to get every dime out of you by using fear tactics. That's not saying you shouldn't take advice from lawyers but it's easy to tell if they being deceitful. You should cease operations If you're afraid to continue but I'm 101% sure Apple will not go after you. I don't want to talk too much about my past but back in 2012 I did something similar except it involved cases and my lawyer sucked my wallet dry. Apple ended up not going after me.

bjammin · #30 11-16-2017

Sounds like he is lubing you up with what he wants but he isnt saying he can deliver on his part. He talks in uncertainties as to getting you outta trouble. He makes it sound like this SHOULD get you out of trouble, but he never says it WILL get you out of trouble.

Sounds f'ed up to me, and at the end of the day you are just handing him over evidence against you.

Matce · #31 11-16-2017

Apple has no interest in you - they want the invoices to go after the manufacturer in China !

I wouldn't do anything.

phaz0rz · #32 11-16-2017

Quote:

Originally Posted by ebaystealth1974

What'd they do to them?

Sorry, I had a busy afternoon yesterday.

Apple sued them for a ton of money.

http://www.patentlyapple.com/patentl...gh-amazon.html

They first tried to go after AZ since the products were being sold there. Amazon immediately handed over all the seller's info along with their FBA stock.

Dude above me is right, IMO. Bigger fish to fry. The focus is the supply chain.

walkingupwards · #33 11-16-2017

Here is a quote from the article about Mobile Star:

Quote:

Apple purchased the power products identified below (ASIN B012YEWP2K) from Amazon.com and determined that they were counterfeit. Apple was informed by Amazon.com, and upon that basis is informed and believes, that Mobile Star was the source of those particular counterfeit power products purchased by Apple.

Apple itself bought some of Mobile Star's products before launching a lawsuit. In my case they have not bought anything from me.

How would they take me to court and argue about the authenticity of something that is not present in court?!!!

ebaystealth1974 · #34 11-16-2017

Oh, wow. They were actually trying to pass of phakes as the real deal?! Phuck that!

Back when I was selling 10s of 1000s of them, I made sure people knew they were generics lol

dachilla · #35 11-16-2017

durrrrr....

OP send me a PM in German if you want

To help you out, I need to know the following:

What happened, what did apple or their representatives send to you, how long do you have to comply?

phaz0rz · #36 11-16-2017

Quote:

Originally Posted by walkingupwards

How would they take me to court and argue about the authenticity of something that is not present in court?!!!

If they haven't done multiple test buys to prove your stuff is phake (e.g. they would point out identical serial #'s), they aren't going to sue you.

ebaystealth1974 · #37 11-16-2017

Exactly. Phuckem...

oompaloompa · #38 11-16-2017

How do you know they did not purchase from you? they will not put their buyer details as Mr I P Monitor, will they... If your return name and address on package is in real details, that is a bit more difficult to deny...

My experience with lawyers (not for IP issues) is they make a mountain out of a molehill to get you to pay up for a simple matter that you can handle yourself....

Watch out for any registered letters, and do not sign for them at your door. Do not give them any invoices either....

It is too late now, but you should not have replied. If you were to reply, it would only to be to say you are stealth and those are pha ke details, and tell them to 'go take a stroll down the middle of the freeway'.

walkingupwards · #39 11-16-2017

Quote:

Originally Posted by oompaloompa

How do you know they did not purchase from you? they will not put their buyer details as Mr I P Monitor, will they... If your return name and address on package is in real details, that is a bit more difficult to deny...

Well if they have bought anything from me and been planning on suing, they would not ask their lawyer to call me and act nice on the phone, explain how could we could hopefully solve this in an amicable way!! They would have filed a lawsuit directly or at least sent a cease and dissest letter at least.

I am 1000% sure they have not bought anything from me, when I asked the lawyer how he knew the cables were ⊗⊗⊗⊗, he replied:

"You have a few negative feedbacks saying they were ⊗⊗⊗⊗"

And that's it.

I am now considering sending this lawyer my supplier info, but using an anonymous e-mail service to do so. This way he will have the info he is after without being able to connect it directly to me.

What do you think guys?

oompaloompa · #40 11-16-2017

The 'info he is after' might be the confession that you have a non-auth supplier....?

did you think of that? ^^^^^^^^^

How is your china supplier of any use to them anyway........there are a ton of anon suppliers and they cannot do anything to chinese as it is all semi-legal out there and non-enforceable in any case.....

so again, why are you letting them build a case against YOU?

rsot · #41 11-16-2017

Quote:

Originally Posted by oompaloompa

so again, why are you letting them build a case against YOU?

Maybe OP wants to go down in flames and be an exam-apple...

oompaloompa · #42 11-16-2017

Quote:

Originally Posted by rsot

Maybe OP wants to go down in flames and be an exam-apple...

Yes, and all this nonsense about hiding IP address is misleading OP.....this 'lawyer' does not have the power to trace exact IP owner without court order for significant cause, not this kind of issue! The most they can find out is the approximate area the IP is at, which can be fairly accurate to be honest (but anyone can do this rough trace online), but it is not proof -This lawyer guy is just phishing for info..the OP has said alot already...........

dachilla · #43 11-16-2017

Quote:

Originally Posted by walkingupwards

Well if they have bought anything from me and been planning on suing, they would not ask their lawyer to call me and act nice on the phone, explain how could we could hopefully solve this in an amicable way!! They would have filed a lawsuit directly or at least sent a cease and dissest letter at least.

I am 1000% sure they have not bought anything from me, when I asked the lawyer how he knew the cables were ⊗⊗⊗⊗, he replied:

"You have a few negative feedbacks saying they were ⊗⊗⊗⊗"

And that's it.

I am now considering sending this lawyer my supplier info, but using an anonymous e-mail service to do so. This way he will have the info he is after without being able to connect it directly to me.

What do you think guys?

dude, this smells fishy as f#ck. Do not give out any info. Do not Call him or send him any letters. No German laywer would act like this. U sure this guy is even a lawyer? I'd doubt it very much. Again... send me a PM, maybe I can help. We can even talk in German.

walkingupwards · #44 11-16-2017

Quote:

Originally Posted by oompaloompa

Yes, and all this nonsense about hiding IP address is misleading OP.....this 'lawyer' does not have the power to trace exact IP owner without court order for significant cause, not this kind of issue! The most they can find out is the approximate area the IP is at, which can be fairly accurate to be honest (but anyone can do this rough trace online), but it is not proof -This lawyer guy is just phishing for info..the OP has said alot already...........

Again, I have not given the lawyer any personal info he had not already have. He is the one who called me and he already had my e-mail address. When Markmonitor submits a Vero takedown, they also get the seller's info (phone,e-mail, and physical address).