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-   -   mc999 by court decision (https://www.aspkin.com/forums/ebay-suspensions/151517-mc999-court-decision.html)

Slard 02-11-2024 12:47 PM

Re: mc999 by court decision
 
Hello any news about mc999
They send me same message via email about patent product
They ask for 2k to stop the case they also send some PDFs including the 171 stores

Automasters 02-11-2024 12:56 PM

Re: mc999 by court decision
 
Sounds like you've been reported. If it was me I would consider changing what I'm selling. It isnt worth the hassle imo

Slard 02-24-2024 04:14 PM

Re: mc999 by court decision
 
I have a serious problem. I don't know if it has ever happened to you, but a law firm in Illinois is sending me a patent infringement notice. I was trying to sell an unbranded OEM 5 finger gripper exerciser for 24 euros, much higher than the competition. The buyer is a law firm in Illinois, and they purchased it in November. On February 8th, they sent me a lawsuit claiming patent infringement, along with 171 other stores. I haven't sold the product anywhere else; I immediately refunded them. I couldn't find any manufacturer information for the company since it's OEM. They have patented it, but all factories in China produce their version, which is a replica for us to sell as a product... They're asking for $2,000. I live in Europe; I have no idea what to do. I'm afraid they'll fine me and block my cards without making any profit from the product... I have 5 days left. I'll need your help as I gather opinions on what to do.

OldTom 02-24-2024 04:18 PM

Re: mc999 by court decision
 
Quote:

Originally Posted by Slard (Post 1236237)
I have a serious problem. I don't know if it has ever happened to you, but a law firm in Illinois is sending me a patent infringement notice. I was trying to sell an unbranded OEM 5 finger gripper exerciser for 24 euros, much higher than the competition. The buyer is a law firm in Illinois, and they purchased it in November. On February 8th, they sent me a lawsuit claiming patent infringement, along with 171 other stores. I haven't sold the product anywhere else; I immediately refunded them. I couldn't find any manufacturer information for the company since it's OEM. They have patented it, but all factories in China produce their version, which is a replica for us to sell as a product... They're asking for $2,000. I live in Europe; I have no idea what to do. I'm afraid they'll fine me and block my cards without making any profit from the product... I have 5 days left. I'll need your help as I gather opinions on what to do.

Do nothing. Do not reply to any messages, letters...nothing whatsoever.

They will not try and track you down they are corrupt ambulance chaser style chancers.

murdered_by_ebay 02-24-2024 07:41 PM

Re: mc999 by court decision
 
nothing will happen to you as long as you do not make any contact with them

even if you should get a letter from a local lawyer later you could always claim that you don't know what they are talking about and you do not sell anything on ebay

lawyers do not have police powers and do not know whose account it is but only whose details it is registered with , as soon as they hear you deny everything they will have fear to take your to court as it would demand proof that it was in fact you and not someone impersonating you

solefoodbk 02-24-2024 08:40 PM

Re: mc999 by court decision
 
Quote:

Originally Posted by murdered_by_ebay (Post 1236248)
nothing will happen to you as long as you do not make any contact with them

even if you should get a letter from a local lawyer later you could always claim that you don't know what they are talking about and you do not sell anything on ebay

lawyers do not have police powers and do not know whose account it is but only whose details it is registered with , as soon as they hear you deny everything they will have fear to take your to court as it would demand proof that it was in fact you and not someone impersonating you

Agree 100% with this. On a personal note I had debt with Discover around 20k right before the pandemic. They sent me letters saying they were taking me to court. Maybe what happened in the pandemic saved my situation, but I never responded and nothing happened.

I've had other similar situations where the letters were very serious in nature but I did not respond. The key to understanding what is real and what is not, if they say something and it doesn't happen but they continue to threaten you, it's bullsh1t. If I had a website where a brand contacted me about legal actions I would never respond to them, that gives them leverage. They have no idea who you are, where you are located, there are so many factors involved.

murdered_by_ebay 02-24-2024 09:28 PM

Re: mc999 by court decision
 
Quote:

Originally Posted by solefoodbk (Post 1236250)
Agree 100% with this. On a personal note I had debt with Discover around 20k right before the pandemic. They sent me letters saying they were taking me to court. Maybe what happened in the pandemic saved my situation, but I never responded and nothing happened.

I've had other similar situations where the letters were very serious in nature but I did not respond. The key to understanding what is real and what is not, if they say something and it doesn't happen but they continue to threaten you, it's bullsh1t. If I had a website where a brand contacted me about legal actions I would never respond to them, that gives them leverage. They have no idea who you are, where you are located, there are so many factors involved.

the most important factor is that they do not know if that seller are who they say they are that is why it is crucial not to respond in any way , if they get a reply where the person admit they are the seller and try to negotiate or explain something then they could go to court easily and if they own the trademark they will win

lymbo70 02-25-2024 02:16 AM

Re: mc999 by court decision
 
Hypothetically if Apple sends a copyright infringement letter to my legit ebay registered name/address I should never respond? Apple is a big company vs a small unknown company.
Suppose the suing company was Apple saying they bought a charger from my store and it was counterft

Slard 02-25-2024 04:05 AM

Re: mc999 by court decision
 
Unfortunately, I replied before 1 week and told them that I was unaware of the specific product and offered to give them 150 Euros to settle the matter, but now they are not responding. They will probably use it against me in court.
The law firm is the following: Sherinianlaw.net
The factory is the following: Shenzhen Kunshengze Electronic Commerce Co., Ltd. v.

rsot 02-25-2024 12:24 PM

Re: mc999 by court decision
 
Quote:

Originally Posted by Slard (Post 1236254)
Unfortunately, I replied before 1 week and told them that I was unaware of the specific product and offered to give them 150 Euros to settle the matter, but now they are not responding. They will probably use it against me in court.
The law firm is the following: Sherinianlaw.net
The factory is the following: Shenzhen Kunshengze Electronic Commerce Co., Ltd. v.

Welcome to the forum OP - all the best as you master stealth method :thumb:


Sadly, Old Tom gave you the best advice about doing nothing but odd that you did not follow.

All you can do right now is wait - should not offer anything more

murdered_by_ebay 02-25-2024 01:50 PM

Re: mc999 by court decision
 
Quote:

Originally Posted by Slard (Post 1236254)
Unfortunately, I replied before 1 week and told them that I was unaware of the specific product and offered to give them 150 Euros to settle the matter, but now they are not responding. They will probably use it against me in court.
The law firm is the following: Sherinianlaw.net
The factory is the following: Shenzhen Kunshengze Electronic Commerce Co., Ltd. v.

it is likely nothing will happen as in most cases of missing settlement they just refuse to take back the complaint from ebay so that the account will not be reinstated

but in the future it is always better not to reply at all

account reinstatement in such a situation would be too dangerous anyway as you would have paid the settlement amount and they would still have your ebay shop details and personal details , if something else violating trademarks should be sold there later you would be exposed to high risks

Slard 02-26-2024 03:27 AM

Re: mc999 by court decision
 
All my details are on eBay... what should I do? I have 4 days left... to close the account, suspend it, or remove my details... but I believe they might already have them.

murdered_by_ebay 02-26-2024 11:32 AM

Re: mc999 by court decision
 
Quote:

Originally Posted by Slard (Post 1236283)
All my details are on eBay... what should I do? I have 4 days left... to close the account, suspend it, or remove my details... but I believe they might already have them.

if the account is suspended just leave it this way

Slard 02-26-2024 11:49 AM

Re: mc999 by court decision
 
Here is the message from ebay
After reviewing your account, we've had to take the following action:
- Some or all of your listings may have been removed. A list of any removed items will be listed further down in this email.
- We have credited any associated fees, except for transaction fees for your sold listing(s).A rights owner has filed a lawsuit in the United States claiming that your account was used to sell products that infringe its trademark, copyright, or other intellectual property. We removed your listings because a U.S. Court ordered eBay to do so. Violating the intellectual property rights of a rights owner is not allowed. Please do not relist the items we have removed, doing so may result in the permanent suspension of your account. At this time, we are unable to provide more information because the lawsuit is sealed. When the court informs us it has unsealed the lawsuit, we will send you an email notifying you and providing more information about the case.
If you have any concerns or questions, click "Help & Contact" at the top of most eBay pages.

We appreciate your understanding.

Thanks,
eBay

SaiJin 02-26-2024 12:35 PM

Re: mc999 by court decision
 
Account is toast for sure.

Did they send you a letter and you signed for it?

murdered_by_ebay 02-26-2024 01:41 PM

Re: mc999 by court decision
 
you can leave the account this way or change personal details and abandon the account

Slard 02-26-2024 02:00 PM

Re: mc999 by court decision
 
They sent me some documents from the law firm showing the patent, the stores included in the total of 171 accounts, along with links and screenshots of the product posted on eBay. The papers also list the judges involved in the case by name. Their message instructs me to settle for $2,000 or respond to the lawsuit within 21 days and send it to the clerk of the Illinois court where the lawsuit was filed. I haven't signed anything yet, and I'm unsure whether I should. Also, if I delete information now and my eBay account, the data they hold will be deleted after 40 days. So, if the court requests information, they may retrieve it. I'm not sure how risky it is to do this.

Slard 02-26-2024 02:04 PM

Re: mc999 by court decision
 

solefoodbk 02-26-2024 02:16 PM

Re: mc999 by court decision
 
Wait if you don't even live in United States why are you concerned about this? Your flag shows France.

murdered_by_ebay 02-26-2024 02:17 PM

Re: mc999 by court decision
 
do not reply in any way , did you receive the documents by email or post?

murdered_by_ebay 02-26-2024 02:18 PM

Re: mc999 by court decision
 
Quote:

Originally Posted by solefoodbk (Post 1236332)
Wait if you don't even live in United States why are you concerned about this? Your flag shows France.

all EU countries are US vassals so that their court decisions can be enforced if necessary

Slard 02-26-2024 02:32 PM

Re: mc999 by court decision
 
I live in Europe, but the lawyers I spoke to told me that there is a possibility of losing in a Small Claims Court if I don't respond to the lawsuit. And because it's a federal court, there's a chance it could extend beyond the USA and they might pursue it in my country as well.


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