Just another Johnson and Pham thread

[lethalbacon]

It's been posted before, but I can't find anything this specific, so I want to see if I can get some advice.

I sold a bunch of questionably legitimate BMW emblems on eBay. Today I got a certified letter to my business address. It came with a bunch of other letters and packages so I signed for it without thinking, though I'm not terribly confident that refusing it would have been as bulletproof as a lot of people seem to say.

Anyway, letter's from Johnson and Pham, no surprise there. There's two pages requesting things like an accounting of sales and supplier documentation, and then the usual 15 page complaint for damages, which states that an agent bought one of the emblems back in late March and determined it to be ⊗⊗⊗⊗. Nowhere does it state the usual cease and desist, nor does it request a specific monetary value. I never got an email or any other letter to go with it, though I'll be on the lookout now.

Most people say ignore it they won't bother with it. Gross proceeds from sales might have hit four figures, but I doubt it. I'll have to do some math there. The listing has been pulled, and every other listing on my account is 100% legitimate. I've been doing eBay as a legit seller for a long time, and only picked these up for the easy couple bucks. Mistakes were made.

So, what can I expect over the next few weeks?

Thanks!

[Kajunrook]

I just settled similar for $1500, actual sales $10k, but told them $1500 and sent them unsold items (3) and they settled for that, sales were on etsy in my real name, so the rest is stealth in phake name.

Originally Posted by lethalbacon

It's been posted before, but I can't find anything this specific, so I want to see if I can get some advice.

I sold a bunch of questionably legitimate BMW emblems on eBay. Today I got a certified letter to my business address. It came with a bunch of other letters and packages so I signed for it without thinking, though I'm not terribly confident that refusing it would have been as bulletproof as a lot of people seem to say.

Anyway, letter's from Johnson and Pham, no surprise there. There's two pages requesting things like an accounting of sales and supplier documentation, and then the usual 15 page complaint for damages, which states that an agent bought one of the emblems back in late March and determined it to be ⊗⊗⊗⊗. Nowhere does it state the usual cease and desist, nor does it request a specific monetary value. I never got an email or any other letter to go with it, though I'll be on the lookout now.

Most people say ignore it they won't bother with it. Gross proceeds from sales might have hit four figures, but I doubt it. I'll have to do some math there. The listing has been pulled, and every other listing on my account is 100% legitimate. I've been doing eBay as a legit seller for a long time, and only picked these up for the easy couple bucks. Mistakes were made.

So, what can I expect over the next few weeks?

Thanks!

[lethalbacon]

Originally Posted by Kajunrook

I just settled similar for $1500, actual sales $10k, but told them $1500 and sent them unsold items (3) and they settled for that, sales were on etsy in my real name, so the rest is stealth in phake name.

How much were legal fees? No way I'm contacting them personally, but I'd rather wait until it's really necessary to retain a lawyer.

[Kajunrook]

No lawyer, they sent me standard settlement agreement

[matthewmlg123]

My friend had to pay 10k to them for selling beachbody kits

[Dsmftw]

I also just got a letter from them Today. Certified mail. For selling iCarSoft diagnostic scanners meant for reading BMW. Fail to see how that is illegal or counterfeit as BMW doesn't have any product like it. It sounds like my letter was very very similar to the wording in yours. Not sure what to do. I'm leaning towards getting legal counsel to make a good decision. Good to know I'm not the only one.

[Yasav]

Out of all car companies, BMW is, by far, the most aggressive when it comes to their IP rights; and it's easy to see why. BMW is an extremely valuable brand, products of which, sell exceptionally well.

They do take dozens of EB sellers to court for selling products bearing their trademarks. In case with BMW, most sellers were sued for selling BMW hood/trunk emblems and wheel center caps.

I specialize in car accessories, and I can tell you that no legitimate BMW emblem costs $10-12. They're at least $30-35 each and most definitely they don't come from China. And a set of genuine wheel caps can cost up to $50, as opposed to the $18 price tag for a Chinese set on EB.

In regards as to what should OP do; the way I see it he has 2 options.

1) Ignore and risk getting a lawsuit. But even if they sue, you still can negotiate with them.

2) Pay them some $ to make this go away. But be prepared that it won't be cheap in the slightest. JohnsonPham is a legitimate, highly successful, and extremely aggressive lawfirm that you don't want to mess with.

[lethalbacon]

Originally Posted by Yasav

Out of all car companies, BMW is, by far, the most aggressive when it comes to their IP rights; and it's easy to see why. BMW is an extremely valuable brand, products of which, sell exceptionally well.

They do take dozens of EB sellers to court for selling products bearing their trademarks. In case with BMW, most sellers were sued for selling BMW hood/trunk emblems and wheel center caps.

I specialize in car accessories, and I can tell you that no legitimate BMW emblem costs $10-12. They're at least $30-35 each and most definitely they don't come from China. And a set of genuine wheel caps can cost up to $50, as opposed to the $18 price tag for a Chinese set on EB.

In regards as to what should OP do; the way I see it he has 2 options.

1) Ignore and risk getting a lawsuit. But even if they sue, you still can negotiate with them.

2) Pay them some $ to make this go away. But be prepared that it won't be cheap in the slightest. JohnsonPham is a legitimate, highly successful, and extremely aggressive lawfirm that you don't want to mess with.

Does this statement line up with the PM I received?

[rsot]

Originally Posted by matthewmlg123

My friend had to pay 10k to them for selling beachbody kits

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

[reallyjandp]

In all of these Johnson & Pham threads, there's NEVER a solution by the OP. We could stop posting these threads if people would come back and let future users know the outcome of their problem.

Since an undercover buyer purchased your items, it seems like you have a high probability of being sued. I'd wait for them to make an offer and then speak to an attorney. Maybe you could settle for all of your illicit profits + leftover stock. Definitely sounds like attorney time since they don't play around when they have proof.

Like the user above, you could probably negotiate without an attorney, but it all depends on how much risk you are willing to take.

EDIT: I created this account to research more about Johnson & Pham after P90x was VeRO'd from my account somewhat recently. Unfortunately, there are almost no public threads where a solution is given.

My situation seems different than most - I bought a used P90x set from a garage sale for a few dollars. I had no reason to believe that it might be ⊗⊗⊗⊗ and unfortunately had no knowledge of VeRO. My auction was ended before it had a chance to sell and I am just waiting for the email and letter from Johnson & Pham. I plan to ignore them unless they file suit against me, but it's maddening to sit and wait for nothing to happen.

[lethalbacon]

So, I'm following up. It's been a week and a day since I got the CD letter, and haven't heard anything else from them. The CD letter had no monetary request, nor did it have a deadline, so I've been waiting on a demand letter. I'm sure it will show up eventually.

This whole thing hinges around exactly how bad they want to make a case of it. If they're looking for an easy check, they won't get it from me. They'll have to bring their case from CA to VA, and I somehow doubt they'll consider that a reasonable course of action over the sale of a few $12 emblems. Nothing stopping them, but right now my plan is to make it as difficult as possible for them and hope they go for the lower hanging fruit.

I'll update again when something happens.

[rsot]

Welcome to the forum reallyjandp - all the best as you master stealth

[SaiJin]

Lethal, my recommendation is to not reach out to them or do anything.

I'd say stop selling those items in your account right now and just wait. I don't think now is a good time to do anything.

[dallis]

Don't talk to them for now.

Don't say anything under any circumstances that admits guilt.

[jacksikma]

I just received one of these letters saying they were suing me on behalf of Beachbody. I did sell a Beachbody dvd set back in March. To my knowledge it was a legal copy. But, I don't know for sure. I am not going to contact them or settle with them in any way. If they want to sue me then can. But, I have nothing for them to take. My house is legally owned by someone else and I have no other assets. So, if they want to spend a bunch of money to get nothing then let them sue. But, they're not getting anything from me.

[reallyjandp]

Originally Posted by jacksikma

I just received one of these letters saying they were suing me on behalf of Beachbody. I did sell a Beachbody dvd set back in March. To my knowledge it was a legal copy. But, I don't know for sure. I am not going to contact them or settle with them in any way. If they want to sue me then can. But, I have nothing for them to take. My house is legally owned by someone else and I have no other assets. So, if they want to spend a bunch of money to get nothing then let them sue. But, they're not getting anything from me.

Do you have the name and location of the person who bought your item? If their undercover buyer purchased and received the item, there's a high chance they will actually sue.

[jacksikma]

I don't have it and I don't know if I can figure out who might have bought it. If they decide to actually sue me I will make it as hard as I can for them to do that. Even if they do get a judgment I won't pay it. They'll have to fight and claw for anything they might be able to get out of me. So, if they want to spend the time and money to sue and get nothing then let them sue.

[Starshoi]

Need help!

Received (by mail and email) Notice of a Lawsuit and Request to Waive Service of a Summons from Johnson & Pham, LLP Case with BMW, selling BMW emblem and wheel center caps.

What I have to Do?
Thank you.

[jack_williams]

Hi, so did anything afterwards? Would be really helpful since im in a similar situation. What is the best option?

[Starshoi]

Originally Posted by Starshoi

Need help!

Received (by mail and email) Notice of a Lawsuit and Request to Waive Service of a Summons from Johnson & Pham, LLP Case with BMW, selling BMW emblem and wheel center caps.

What I have to Do?
Thank you.

I received email today and I don't know What I have to do(((

[Starshoi]

Unfortunately NOT stealth.

[flyriver]

Originally Posted by Starshoi

Unfortunately NOT stealth.

Been there....ignored it, stopped selling. never heard from again. Same firm