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- - Notice from lawyer
( https://www.aspkin.com/forums/ebay-suspensions/115219-notice-lawyer.html)
| dachilla | 02-16-2018 01:58 PM |
Re: Notice from lawyer
Quote:
Originally Posted by tinsoldier
(Post 901835)
Incorrect again. The burden of proof lies with the claimant to quantify their loss, not a randon figure made up by judge.
| That's interesting. How about damages to the reputation of the rights holder? It's almost impossible to quantify that.
Lets say you sold 50000 ⊗⊗⊗⊗ iphones on your ebay account and the ⊗⊗⊗⊗ Iphones turn out to be **** compared to the real ones. And based on that, your 50k customers spread the message over the internet that the iphone is full of **** and doesn't work as promised by the manufacturer.
So now apple has to proof how many people on earth bought a samsung instead of an iphone because you selling ⊗⊗⊗⊗ iphones?
I reckon in cases like this a judge will grant an "adequate compensation" to apple, even tho the damages caused to their reputation can not be specified in detail.
If it works another way in the UK I'd be interested to know. |
| GreenBean | 02-16-2018 05:58 PM |
Re: Notice from lawyer
Quote:
Originally Posted by dachilla
(Post 901837)
That's interesting. How about damages to the reputation of the rights holder? It's almost impossible to quantify that.
Lets say you sold 50000 ⊗⊗⊗⊗ iphones on your ebay account and the ⊗⊗⊗⊗ Iphones turn out to be **** compared to the real ones. And based on that, your 50k customers spread the message over the internet that the iphone is full of **** and doesn't work as promised by the manufacturer.
So now apple has to proof how many people on earth bought a samsung instead of an iphone because you selling ⊗⊗⊗⊗ iphones?
I reckon in cases like this a judge will grant an "adequate compensation" to apple, even tho the damages caused to their reputation can not be specified in detail.
If it works another way in the UK I'd be interested to know.
| A seller with that volume would likely be attracting UK Border Force attention.
A different jurisdiction would likely achieve prosecution.
An UK incident that comes to mind is DVD reproduction, aka bootlegging. At least one of the principals went down for a considerable time. One of their favoured items was Disney, if I recall correctly.
( for non-UK users, ‘went down’ means was imprisioned )
:croc: |
Re: Notice from lawyer
Not sure if anyone from the UK watches "F@ke Britain", it's simply amazing the stuff that is f@ked and sold in the UK. |
| phaz0rz | 02-17-2018 09:21 AM |
Re: Notice from lawyer
Quote:
Originally Posted by MM78
(Post 901896)
Not sure if anyone from the UK watches "F@ke Britain", it's simply amazing the stuff that is f@ked and sold in the UK.
| Well UK is a little closer to the source, but I honestly don't think it's any better over here.
If a company manages to develop anything with a profit margin higher than 20%, they can expect to see the (worldwide) market flooded with phakes within a year. GoPro is a good example. |
Re: Notice from lawyer
Quote:
Originally Posted by phaz0rz
(Post 901977)
Well UK is a little closer to the source, but I honestly don't think it's any better over here.
If a company manages to develop anything with a profit margin higher than 20%, they can expect to see the (worldwide) market flooded with phakes within a year. GoPro is a good example.
| Ay man....keep that on the down low! lol. I actually have not seen a 1:1 f@ke of a GoPro. |
| oompaloompa | 03-02-2018 06:27 AM |
Re: Notice from lawyer
|
Re: Notice from lawyer
Quote:
Originally Posted by MM78
(Post 902008)
Ay man....keep that on the down low! lol. I actually have not seen a 1:1 f@ke of a GoPro.
| GoPro f*ke? Geez is nothing sacred? Hah |
| ebaystealth1974 | 03-02-2018 09:11 AM |
Re: Notice from lawyer
Quote:
Originally Posted by rsot
(Post 904563)
GoPro f*ke? Geez is nothing sacred? Hah
| Not when it comes to the almighty dollar! |
Re: Notice from lawyer
Quote:
Originally Posted by phaz0rz
(Post 904583)
It's a stupid little $20 video camera that stores charge $400 for. Naturally it's ⊗⊗⊗⊗d. More foofoo's being sold online than real. $65 -> $400
| True - the genuine item is overpriced |
| Bazman | 04-04-2021 09:04 AM |
Re: Notice from lawyer
Hi
I know it's an old post, but what happened in the end?
Which brand was it?
Thanks |
| cafonabob1 | 04-05-2021 03:55 AM |
Re: Notice from lawyer
This was a bluff letter. It happens all the time.
I suspect these letters are like a fishing expedition, if you hire a lawyer to respond they see you have some money and will attack you. Better to just throw it in the trash.
When you get letters like this stop dealing with this companies products immediately. If they want to crush you, they can. |
| agent006140 | 04-06-2021 08:33 PM |
Re: Notice from lawyer
ROLEX is known to have lawyer sent letter ,dunno how it ends |
Re: Notice from lawyer
Quote:
Originally Posted by agent006140
(Post 1148398)
ROLEX is known to have lawyer sent letter ,dunno how it ends
| Many times the letter should end in the trash unless registered... |
| Bazman | 04-08-2021 07:50 AM |
Re: Notice from lawyer
Quote:
Originally Posted by cafonabob1
(Post 1148215)
This was a bluff letter. It happens all the time.
I suspect these letters are like a fishing expedition, if you hire a lawyer to respond they see you have some money and will attack you. Better to just throw it in the trash.
When you get letters like this stop dealing with this companies products immediately. If they want to crush you, they can.
|
Interesting point there, I do see how they can get your information in the first place? Like your name and address, and for managed payments, you have to upload a picture of your ID (such as driving licence). I wonder if ebay can hand that over to a copyright company now.... |
| bclarr | 05-26-2021 05:54 PM |
Re: Notice from lawyer
What if you get a letter in your stealth account but real bank ? How do you deal with that? What you are going to tell your own lawyer that you have a stealth account and you got a letter that i want him to take care of ? Any suggestions? Thanks |
| theintersect | 06-20-2021 12:28 PM |
Re: Notice from lawyer
could have been a competitor that bought from him and used his return address to send a bogis cease letter.
I know it's a old post though |
Re: Notice from lawyer
Quote:
Originally Posted by bclarr
(Post 1155308)
What if you get a letter in your stealth account but real bank ? How do you deal with that? What you are going to tell your own lawyer that you have a stealth account and you got a letter that i want him to take care of ? Any suggestions? Thanks
| What kind of letter did you get from the bank? |
| agent006140 | 06-21-2021 07:49 AM |
Re: Notice from lawyer
Rolex has lawyer who would go around and send letters to ebay sellers selling ⊗⊗⊗⊗ Rolex,dunno if they end up paying? |
| agent006140 | 06-21-2021 07:51 AM |
Re: Notice from lawyer
Quote:
Originally Posted by bclarr
(Post 1155308)
What if you get a letter in your stealth account but real bank ? How do you deal with that? What you are going to tell your own lawyer that you have a stealth account and you got a letter that i want him to take care of ? Any suggestions? Thanks
| if it is a stealth account,how can they go after a person who does not exist? |
Re: Notice from lawyer
Quote:
Originally Posted by agent006140
(Post 1159088)
if it is a stealth account,how can they go after a person who does not exist?
| If the volume of sales is super high and deemed as a bonafide threat, the true person can be found...rest assured that feds have capability to track |
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