Johnson & Pham Letter. Need advice

[Allfor5]

I spoke with an attorney about this (Free consultation) so he couldn't really give me legal advice since I'm not his client.

But here's my thing

The eBay account in question used a variation of my first name, real last name. Uses my school address (not home address). eBay account was linked to real bank account, did not have SSN on eBay/Paypal.

I got a letter today from Johnson and Pham asking $20,000 to be made in a check for selling "counterfeit" mophie cases. I believe the letter was talking about 2-3 mophie cases so I'd say like $120.

Would this Johnson and Pham really pursue such a case. What's the worst outcome? I really don't want to stress over this. I have no intention of selling any counterfeit products.

I know you guys aren't lawyers but I'd appreciate some insight, or some info regarding if such cases ever do get filed Or if I should just go back to that attorney (he said his course of action at first would be 2-3 hours of researching + calling the lawfirm) which would cost me $200/hr and if need to he would be also able to represent me in court (he said he'd doubt they'd sue but u never know)

[jakobrockz]

Well first.. were they f ake cases? Can you provide a real invoice?

[MM78]

Your right, we aren't Lawyers.....consult with a real lawyer that deals with Intellectual Property. You say you used your school's address, exactly how did you get the letter? Also, J&P can find you if they want too, they have your Real First Name, Last Name and your Bank info, that's enough information to find you and take you to court.....assuming they really wanted to.

[bjammin]

What makes you think they have your bank account?

How did you receive the letter? Regular mail? Signed for it?

[Allfor5]

Originally Posted by bjammin

What makes you think they have your bank account?

How did you receive the letter? Regular mail? Signed for it?

Its certified mail. College dorm (front desk signed for it)

[MM78]

Contact a Lawyer immediately.

[rsot]

Certified and signed...yes get lawyer consultation...but make sure it's certified...dorm desk acceptance doesn't necessarily mean it's certified...

[jakobrockz]

Originally Posted by MM78

Contact a Lawyer immediately.

best advice you will get on this forum for your situation. Good luck and update us in the future.

[J dub 1984]

Originally Posted by Allfor5

I spoke with an attorney about this (Free consultation) so he couldn't really give me legal advice since I'm not his client.

But here's my thing

The eBay account in question used a variation of my first name, real last name. Uses my school address (not home address). eBay account was linked to real bank account, did not have SSN on eBay/Paypal.

I got a letter today from Johnson and Pham asking $20,000 to be made in a check for selling "counterfeit" mophie cases. I believe the letter was talking about 2-3 mophie cases so I'd say like $120.

Would this Johnson and Pham really pursue such a case. What's the worst outcome? I really don't want to stress over this. I have no intention of selling any counterfeit products.

I know you guys aren't lawyers but I'd appreciate some insight, or some info regarding if such cases ever do get filed Or if I should just go back to that attorney (he said his course of action at first would be 2-3 hours of researching + calling the lawfirm) which would cost me $200/hr and if need to he would be also able to represent me in court (he said he'd doubt they'd sue but u never know)

They sue everyone from clothing to electronics I know someone that had a federal lawsuit filed against them in California but they really couldn't do anything. DO NOT TALK TO THEM!!! IF SOMEONE COMES TO YOUR DOOR, DO NOT SIGN ANYTHING OR EVEN SPEAK OR IDENTIFY YOURSELF...THEY SEND HUNDREDS OF THOSE LETTERS OUT A WEEK!!

PS: Sorry for all the CAPS but I hope you get this in time I'm familar with how these guys operate feel free to shoot me a PM... I wouldn't bother paying that lawyer either...especially at that billing rate he better be carrying the gun and the briefcase!

[J dub 1984]

Originally Posted by Allfor5

Its certified mail. College dorm (front desk signed for it)

There just trying to manipulate you, google the firm or look them up in a database like westlaw or lexisnexis they have thousands of letters they send out and say you sold this item on this date_______ and this item on this date ____. Did you know they were authentic ? Yes, you were told they were. Your NEGLIGENT, and did not have knowledge that the product was being misrepresented. They can't go in your bank account all they did was file in Federal Court, and if the school signed for it and not you well that's on them. Check your student handbook because I know in certain institutions will have different policies.

[RosieTosie]

For 2-3 cases, that lawyer despite his extortionate prices, will be right, it is not in their interest to sue you for this and they know you are never in a million years going to pay $20,000 for those 2-3 cases!, they are trying to scare you off from selling anything like that ever again, and their tactic has worked!, as has been said they send out hundreds of similar if letters every week! Learn from this experience! Move on.

[Callidus]

Originally Posted by J dub 1984

Did you know they were authentic ? Yes, you were told they were. Your NEGLIGENT, and did not have knowledge that the product was being misrepresented..

Unfortunately, in front of a court they will not hold up.

It's the sellers duty to make sure the goods they acquire are of 'good' standard and not counterfeits. "I didn't know..." that excuse went out with the arc.

[J dub 1984]

Originally Posted by Callidus

Unfortunately, in front of a court they will not hold up.

It's the sellers duty to make sure the goods they acquire are of 'good' standard and not counterfeits. "I didn't know..." that excuse went out with the arc.

EBay is a walking contradiction they've been screwing everyone over for years. Yes, there User Agreement TOS ETC ....but if he's a naive college kid that hasn't been in any trouble or doesn't have any priors (latham act) he has nothing to worry about. They probably monitor this board so I"m not going to say anything else in-regards to the matter. Ebay Deals won't even take responsibility for their 3rd party vendors which is pretty funny. What's that tell you their some greedy f**ks will squeeze $$ out of you one way or another directly or indirectly.

[Callidus]

I'm not talking about eBay. I'm talking about the legal company J & Pham.

If they want to take the OP to court and pursue they will and an excuse like "I didn't know.." isn't good enough. It will make little difference, they were selling phakes, end of story.

OP - just go and get legal advice, the forum isn't here for that.

Don't want these issues? Don't sell counterfeits.

[J dub 1984]

Originally Posted by Callidus

I'm not talking about eBay. I'm talking about the legal company J & Pham.

If they want to take the OP to court and pursue they will and an excuse like "I didn't know.." isn't good enough. It will make little difference, they were selling phakes, end of story.

OP - just go and get legal advice, the forum isn't here for that.

Don't want these issues? Don't sell counterfeits.

Never admit you knew they were ⊗⊗⊗⊗, and more then likely that will never go too court. But if you spoke with a lawyer don't let him bill you by the hour I'd try and get a flat rate. Believe it or not that happens a lot so many variables come in to play there not your cookie cutter case and everyone forks over 20 G's ..Just don't post anymore of them or they will continue to pursue you

[eternity4u]

This seems alittle harsh.

For 3 cases $20,000
That's pretty hefty fine.

The best way is get legal advice asap.

[Haidukken]

Originally Posted by Callidus

OP - just go and get legal advice, the forum isn't here for that.

Don't want these issues? Don't sell counterfeits.

That's the best advice you'll get in there.

[JamesNorth101]

Seek legal advise.

End of thread