Apple is going to sue me!!! - eBay Suspended & PayPal Limited Forums
eBay Suspension & PayPal Limited Forums  
Join Today
Register Subscribe
     

Registration is fast, simple and absolutely free so please, join our community today!


Go Back   Home > Platform Discussions > eBay Discussion!

eBay Discussion! EBay Forum. News, Updates, or Anything eBay is Welcome. A kind of lounge if you will.

Reply
 
Thread Tools
  #1  
Old 11-14-2017
Senior Member
 
Join Date: Nov 2017
Posts: 1,636
Thanks: 465
Thanked 268 Times in 194 Posts
Activity: 7%
Longevity: 29%
iTrader: (0)
Default Apple is going to sue me!!!

I sold generic iPhone charging cables (bought from China) and the problem is I used "Apple" in the title of my listing. The listing got reported by Markmonitor and got pulled down eventually. All of this happend in Sep/2017.

I contacted Markmonitor and asked why they reported the listing, got the usual response and then I did a very f***ed up mistake: I asked for the information of their legal representative in Germany.

2 days ago I got called by their lawyer in Germany and he was kinda nice on the phone, explained why the listing got pulled down and asked me to send him the invoices I got from my supplier. He told me that if I am cooperative I don't have to worry about a lawsuit from Apple because he will tell Apple that I was cooperative with him and as I am in Germany, he suspects nothing would come out of this.

After our phone call we contacted each other through e-mail. This is the e-mail I got from him today:


Dear Mr. XXX,

As I told you on the phone yesterday Apple asked me to take care of this matter now. There is no need to contact MarkMonitor as it is not their decision how to now proceed. I believe I explained to you yesterday your options how to resolve this matter hopefully in an amicable way. But getting back to MarkMonitor will not change anything.

Finally, I believe I explained sufficient clear in our call yesterday and in my subsequent email that we expect as a sign of cooperation that you provide us with your suppliers' invoices. If I do not hear back from you in this respect by next Tuesday, I will advise my client to now pursue further legal actions.

Best regards





I am afraid that if I send him the invoices he would be able to build a case against me and the invoices will be the 1st step in doing that!!

I contacted a lawyer few weeks ago and asked him what to do in case I receive a "Cease and dissest letter", I asked in the form of what he would do in such a case and his reply was:

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



What do you think I should do? Should I send him the invoices or should I ignore him?

Do you think this a scaring tactic to get the invoices or are the threats legit?



P.S: I sold the cables on Ebay.de as I live in Germany.
Reply With Quote
The complete step-by-step guide to get back to selling today!

  #2  
Old 11-14-2017
Senior Member
 
Join Date: Mar 2012
Posts: 1,349
Thanks: 71
Thanked 87 Times in 79 Posts
Activity: 5%
Longevity: 66%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Other guys can chime in, I dont have any experiences with apple products...but I got one thing to say......

furk lawyers. They use the "sue" route to intimidate people. Very rarely do they sue. I was 18 and got some company/lawyer sent a letter demanding I pay 100k or they will take me to court. where the hell is anyone going to have 100k just laying around? they are all BS.
Reply With Quote
The Following 2 Users Say Thank You to user3657 For This Useful Post:
Lucynda (11-15-2017), Yasav (02-20-2018)
  #3  
Old 11-14-2017
rsot's Avatar
Executive [VIP]
 
Join Date: Dec 2009
Posts: 69,464
Thanks: 5,514
Thanked 8,336 Times in 7,641 Posts
Activity: 100%
Longevity: 81%
iTrader: (7)
Default Re: Apple is going to sue me!!!

Welcome to the forums - all the best as you master stealth

You have given them WAY TOO MUCH info about yourself....phone, e-mail, etc.

You should have come here FIRST before doing all this.

The forum does not exist to give legal advice - go get counsel.
Reply With Quote
The Following User Says Thank You to rsot For This Useful Post:
MikeChi85 (03-03-2018)
  #4  
Old 11-14-2017
MM78's Avatar
Executive [VIP]
 
Join Date: Sep 2010
Posts: 14,298
Thanks: 1,110
Thanked 4,929 Times in 3,396 Posts
Activity: 2%
Longevity: 76%
iTrader: (4)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by user3657 View Post
Other guys can chime in, I dont have any experiences with apple products...but I got one thing to say......

furk lawyers. They use the "sue" route to intimidate people. Very rarely do they sue. I was 18 and got some company/lawyer sent a letter demanding I pay 100k or they will take me to court. where the hell is anyone going to have 100k just laying around? they are all BS.
Sounds like the letter I got from Johnson and Pham......
Reply With Quote
  #5  
Old 11-14-2017
Senior Member
Threadstarter  
 
Join Date: Nov 2017
Posts: 1,636
Thanks: 465
Thanked 268 Times in 194 Posts
Activity: 7%
Longevity: 29%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by rsot View Post
Welcome to the forums - all the best as you master stealth

You have given them WAY TOO MUCH info about yourself....phone, e-mail, etc.

You should have come here FIRST before doing all this.

The forum does not exist to give legal advice - go get counsel.

They already had all my information the moment they reported my listing on Ebay.
Reply With Quote
  #6  
Old 11-14-2017
rsot's Avatar
Executive [VIP]
 
Join Date: Dec 2009
Posts: 69,464
Thanks: 5,514
Thanked 8,336 Times in 7,641 Posts
Activity: 100%
Longevity: 81%
iTrader: (7)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by MM78 View Post
Sounds like the letter I got from Johnson and Pham......
Problem is that OP has already been contacting back and forth with a legal rep...providing e-mail, phone number, and maybe even address...
Reply With Quote
  #7  
Old 11-15-2017
technokidd1's Avatar
Junior Member
 
Join Date: Apr 2015
Posts: 114
Thanks: 7
Thanked 17 Times in 10 Posts
Activity: 0%
Longevity: 46%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Does the apple representative have any legit information like your legal name, business, address, email address, registered number, etc?

How much were you able to sell and/or receive in payments?

Do you block your internet connection efficiently even when sending and receiving emails?

Personally, I wouldn't give up anything. Even if they had my legal information like the lawyer said they'll have to sew me first. Additionally just reading the tone of the Assle Rep... Sorry Apple Rep, he's clearly fishing for your information, he's getting impatient and he isn't playing nice. Furthermore he's getting paid by apple to deal with guys like you, so why would he not turn you in. But I will say this, if it's a few thousand dollars of sales it wold be really petty of apple to waste there time and money chasing it, they would much rather track down the big guys flipping larger amounts and quantities.

Last edited by technokidd1; 11-15-2017 at 12:28 AM.
Reply With Quote
  #8  
Old 11-15-2017
MM78's Avatar
Executive [VIP]
 
Join Date: Sep 2010
Posts: 14,298
Thanks: 1,110
Thanked 4,929 Times in 3,396 Posts
Activity: 2%
Longevity: 76%
iTrader: (4)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by walkingupwards View Post
Do you think this a scaring tactic to get the invoices or are the threats legit?
P.S: I sold the cables on Ebay.de as I live in Germany.
Seriously, you need to contact a Lawyer....This forum can only give you some sketchy answers at best. If you used your real information they can sue you and most likely win. So again, contact a lawyer in Germany immediately.
Reply With Quote
  #9  
Old 11-15-2017
GreenBean's Avatar
Executive [VIP]
 
Join Date: Sep 2007
Posts: 42,273
Thanks: 5,590
Thanked 9,122 Times in 7,096 Posts
Activity: 1%
Longevity: 96%
iTrader: (6)
Default Re: Apple is going to sue me!!!

Stoppen Sie jeglichen Kontakt mit der Firma... Sie müssen dies mit einem Anwalt besprechen... Das Forum ist nicht in der Lage zu helfen. Suchen Sie schnell Hilfe...

Stop all contact with the company... You need to discuss this with a lawyer... The Forum is not in a position to help. Seek help quickly...
Reply With Quote
  #10  
Old 11-15-2017
JamesYaBaoy's Avatar
Executive [VIP]
 
Join Date: Aug 2008
Posts: 346
Thanks: 9
Thanked 13 Times in 8 Posts
Activity: 0%
Longevity: 90%
iTrader: (0)
Default Re: Apple is going to sue me!!!

1. In general never give documents, or any information to a lawyer, who does not work for you.

2.I imagine Apple has bigger "fish to fry" than someone who sold a few sketchy cables.If you were a serious problem to Apple, they would have had your account taken down, or filed an injunction.

3.If they were going to sue you, they would just do it. Also, your "supplier invoices" would be something they could obtain during discovery.


Basically, the guy is hoping to get more information out of you without the trouble of filing a lawsuit.

Last edited by JamesYaBaoy; 11-15-2017 at 01:25 AM.
Reply With Quote
The Following User Says Thank You to JamesYaBaoy For This Useful Post:
phaz0rz (11-15-2017)
  #11  
Old 11-15-2017
Senior Member
 
Join Date: Jan 2017
Posts: 202
Thanks: 7
Thanked 38 Times in 29 Posts
Activity: 0%
Longevity: 34%
iTrader: (0)
Default Re: Apple is going to sue me!!!

I got a cease and desist letter for running a website that had apples in the name. i just put up a note at the bottom saying we weren't associated with the Apple electronics company. it's their job to threaten as many people as possible, and they'll only sue you if it'll make them money or you are a threat to their business. It seems like they just want the big fish to take down the factory in China.
Reply With Quote
  #12  
Old 11-15-2017
Senior Member
Threadstarter  
 
Join Date: Nov 2017
Posts: 1,636
Thanks: 465
Thanked 268 Times in 194 Posts
Activity: 7%
Longevity: 29%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by phaz0rz View Post
@OP - Don't ever reach out to a brand protection company.
I sadly already did :-( I think I am gonna call this lawyer from a private number and give him the name of the supplier and say that's it. You got what you want, now I am not gonna answer you anymore.

What do you think guys?
Reply With Quote
  #13  
Old 11-15-2017
Senior Member
 
Join Date: Sep 2017
Posts: 3,188
Thanks: 950
Thanked 776 Times in 594 Posts
Activity: 3%
Longevity: 30%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Is the lawyer who sent you the email also German? Because that's not very good English...
Reply With Quote
  #14  
Old 11-15-2017
Senior Member
Threadstarter  
 
Join Date: Nov 2017
Posts: 1,636
Thanks: 465
Thanked 268 Times in 194 Posts
Activity: 7%
Longevity: 29%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by ebaystealth1974 View Post
Is the lawyer who sent you the email also German? Because that's not very good English...


Yes he is. He was kinda nice on the phone and in his last e-mail he claims that he explained to me how I can solve this matter hopefully in an amicable way. The thing is I am afraid of sending him the invoices because they could eventually serve as evidence against me.

I am thinking about sending him an anonymous SMS with the supplier info (e-mail,phone and address) and saying we are done now.


I suspect that the main reason he contacted me is because I wrote to Markmonitor and asked about their legal representative in Germany! I know that was more than stupid, but at first I thought a rival seller submitted a ⊗⊗⊗⊗ Vero takedown and I was communicating with a spoofed e-mail address.


The German lawyer talked to me on the phone for almost 20 minutes and has not sent me any paper mail even though he has my address.

I contacted a German lawyer a while ago (when the listing got pulled down) and asked him what he would do if he were me and he said the following:

"I would not send Apple a preemptive cease and dissest letter, and even if they sent me one I would not pay anything. Let Apple first sue for the money, they do that very seldomley"


Now I am stuck between 2 ideas, the first is sending this damn lawyer my supplier info (anonymously) and the 2nd idea is to just ignore him.
Reply With Quote
  #15  
Old 11-15-2017
phaz0rz's Avatar
Executive [VIP]
 
Join Date: Nov 2015
Posts: 10,832
Thanks: 2,073
Thanked 4,012 Times in 3,003 Posts
Activity: 2%
Longevity: 42%
iTrader: (2)
Send a message via ICQ to phaz0rz Send a message via AIM to phaz0rz Send a message via Yahoo to phaz0rz
Default Re: Apple is going to sue me!!!

"If I do not hear back from you in this respect by next Tuesday, I will advise my client to now pursue further legal actions."

Sounds like he's just trying to scare you by saying he will recommend to Apple that they pursue legal action. Doesn't mean Apple will take that advice and spend all of the money required to sue you.

Frankly, I just wouldn't respond anymore. Official legal correspondence isn't sent via email. At least not here in USA.
__________________
____________
_______
___

Last edited by phaz0rz; 11-15-2017 at 11:02 AM.
Reply With Quote
  #16  
Old 11-15-2017
Junior Member
 
Join Date: May 2017
Posts: 17
Thanks: 2
Thanked 3 Times in 3 Posts
Activity: 0%
Longevity: 32%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by walkingupwards View Post

Now I am stuck between 2 ideas, the first is sending this damn lawyer my supplier info (anonymously) and the 2nd idea is to just ignore him.
Let me get this straight you are juggling ideas from either a LAWYER who went to school for this type of thing and your own idea? Are you kidding me? Listen to your lawyer, cease all contact.
Reply With Quote
The Following User Says Thank You to admcgee For This Useful Post:
rsot (11-15-2017)
  #17  
Old 11-15-2017
Senior Member
 
Join Date: Sep 2017
Posts: 3,188
Thanks: 950
Thanked 776 Times in 594 Posts
Activity: 3%
Longevity: 30%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Exactly. They aren't gonna sue some small-time seller.
Reply With Quote
  #18  
Old 11-15-2017
Senior Member
Threadstarter  
 
Join Date: Nov 2017
Posts: 1,636
Thanks: 465
Thanked 268 Times in 194 Posts
Activity: 7%
Longevity: 29%
iTrader: (0)
Default Re: Apple is going to sue me!!!

He told me that he should report back to Apple and advice, he would say that I was cooperative and gave my supplier info. He says exactly this in his first e-mail:

"I don't have the right to waive the legal pursuit, but I would like to think that my client (Apple) in case you have cooperated will not pursuit further legal action".

I am thinking about sending him an anonymous SMS with the supplier info without mentioning my name in it. What do you think?
Reply With Quote
  #19  
Old 11-15-2017
newjerseymax's Avatar
Executive [VIP]
 
Join Date: Apr 2010
Posts: 2,841
Thanks: 1,090
Thanked 683 Times in 494 Posts
Activity: 0%
Longevity: 79%
iTrader: (6)
Default Re: Apple is going to sue me!!!

Well maybe they want to make example.

How are they going to prove that they are not apple products? Hence why they want those supplier invoices. Don't give them all the ammunition. You have provided and done way too much already
__________________
"Mark 11.24 Whatsoever ye desire, believe that ye have it, and it is yours"
Reply With Quote
  #20  
Old 11-15-2017
Senior Member
Threadstarter  
 
Join Date: Nov 2017
Posts: 1,636
Thanks: 465
Thanked 268 Times in 194 Posts
Activity: 7%
Longevity: 29%
iTrader: (0)
Default Re: Apple is going to sue me!!!

Quote:
Originally Posted by newjerseymax View Post
Well maybe they want to make example.

How are they going to prove that they are not apple products? Hence why they want those supplier invoices. Don't give them all the ammunition. You have provided and done way too much already

I am not the who provided them with anything. When Markmonitor reported m listing through the Vero program, Ebay gave them my phone number, e-mail address, and my physical address as well.


The good thing is they have not bought any cables from me so they are not in possession of a sample from my inventory.

I think a party that intends to sue you will not first call you, be nice and give you 7 weeks until you provide them with the info they want. If they were to sue, they would have filed a lawsuit from the beginning, why go through all this hustle!!!
Reply With Quote
  #21  
Old 11-15-2017
phaz0rz's Avatar
Executive [VIP]
 
Join Date: Nov 2015
Posts: 10,832
Thanks: 2,073
Thanked 4,012 Times in 3,003 Posts
Activity: 2%
Longevity: 42%
iTrader: (2)
Send a message via ICQ to phaz0rz Send a message via AIM to phaz0rz Send a message via Yahoo to phaz0rz
Default Re: Apple is going to sue me!!!

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.
__________________
____________
_______
___
Reply With Quote
  #22  
Old 11-15-2017
Senior Member
 
Join Date: Sep 2011
Posts: 3,126
Thanks: 11
Thanked 756 Times in 582 Posts
Activity: 0%
Longevity: 69%
iTrader: (0)
Default Re: Apple is going to sue me!!!

An attorney gave you advice.

TAKE IT!

Don't let them frighten you into doing something ELSE stupid.

Cease all communications and if you do get a suit then do what you have to do.

Seriously, who the heck is going to sue you over a few cables? There's no money in it and no deterrence in your case either.

They know bloody well who is building those cables, they don't need you to tell them.

It isn't illegal to build OR sell Apple compatible hardware.

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



Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



Aspkin Group

All times are GMT -5. The time now is 11:30 PM.


Stop the guessing games and learn how you can quickly and easily get back on eBay today!
Read the best selling step-by-step eBay Suspension guide eBay Stealth!
Amazon Suspension? Read Amazon Ghost to get back on Amazon!
vBulletin® Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
Ad Management by RedTyger
no new posts

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58