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  #1  
Old 06-04-2009
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Unhappy Hi and help!

Hi, I'm new to this forum and I need help! My Ebay listings have been removed due to trademark infringement and email from Ebay stated that any questions regarding why the listings are removed should be emailed to Vero member. Naively, that's what I did and now I received a letter this morning stating that the products I have listed are counterfeit. In addition, attached to the email is also a "cease and desist" letter, asking me to: assure that I stop all sales of offending product, provide inventory list and hold onto the inventory and not return them to suppliers, provide all transactional details with suppliers and suppliers info, etc. The letter also stated that I have to respond within 7 days before they forward this matter to a lawfirm. In the email, they reference some Ebay Item# being removed, however, none of them are mine, even though I have listed the same product.

Please advise what I should do? HELP!
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  #2  
Old 06-06-2009
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welcome

Ok ,do a search ,I have seen alot of threads re cease and desist letters. The bottom line is they are telling you not to sell their product due to trademark infringement.

So you still have your account? You are not banned yet? Good keep it that way and dont list anymore of those products on that account. See what your competitors are doing and getting away with...

To sell vero you should make more accounts and spread them more thinly but saying that, if it is an extremely hot vero, you will be chased around ebay every time you list, you have to make that decision.

If they are genuine, you have more power to complain (although not always, some vero owners dont want their stuff on ebay), if it is not genuine, all you can do is make sure you dont list too many, and make sure the pictures look right, and from an ethical point of view, also never claim something is genuine on listing if it isnt, the buyers usually know by the price what they are getting and there is a market for these items for sure with disposible fashion, right? One other way is by giving good pics but not mentioning the brand name, of course you get way less traffic on the item though..

Anyway, please have a good read and any questions, ask them on the appropriate thread, good luck ...
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Last edited by oompaloompa; 06-06-2009 at 02:32 AM.
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  #3  
Old 06-12-2009
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From a legal perspective, a cease and desist order via email is no order at all. It must be notarized with certificate of service and physically delivered as a printed document.

Also, if those numbers don't belong to your listings, even a proper legal cease and desist would end up null and void under scrutiny.

Somebody is trying to scare you into making their job easy. I'd ignore it or reply informing them of my desire to observe them as they evacuate their bladder vertically relative to a cluster of triple helix hemp fibers.

Then fill out the VeRO counter document.

Have a nice day.
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Old 06-13-2009
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you dont have to provide them with anything theyve asked for..but dont list them on that account again. I think it depends on whether they are counterfeit or not as to if you challenge it, personally I wouldnt, been there, they wriggle and squirm and waste your time, ultimately going to court is not worth my time, better to move on..
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Old 06-13-2009
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Quote:
Originally Posted by vicvelcro View Post
I'd ignore it or reply informing them of my desire to observe them as they evacuate their bladder vertically relative to a cluster of triple helix hemp fibers.

Quote of the week
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Old 06-15-2010
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insanity people sent me a letter with 5 complaints I called them and open my big mouth and said I bought 10 sold 5 and got suspended. Now they want documents paypal account and invoice what do i do HELP
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Old 06-15-2010
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wish i would have known about this forum prior to selling under 6 year old legit account. Stealth would have saved me.
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Old 06-15-2010
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You know about it now so it's never too late with Stealth =)

As for the rest of your problems/questions, time to take it to the forums ha - you have introduced yourself now let's play the game...
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  #9  
Old 06-15-2010
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Please provide me with the following information and documentation in the event you wish to work towards an amicable resolution to this matter, short of litigation:

1. Any and all documents relating to the person(s) and/or business entity(ies) from whom you purchased any infringing Beachbody® products, including but not limited to INSANITY® fitness products;

2. Any and all financial information relating to the purchase of any infringing Beachbody® products, including but not limited to INSANITY® fitness products, specifying price, quantities and shipment dates;

3. Any and all financial information relating to the sale of any infringing Beachbody® products, including but not limited to INSANITY® fitness products, specifying price, quantities and shipment dates;

4. Any and all financial information relating to the gross and net profits generated from the sale of any infringing Beachbody® products, including but not limited to INSANITY® fitness products;

5. Any and all information identifying to whom you sold any infringing Beachbody® products, including but not limited to INSANITY® fitness products; and

6. Your PayPal and merchant account statements relating to the purchase and sale of any infringing Beachbody® products, including but not limited to INSANITY® fitness products.

Marcus F. Chaney, Esq.
Johnson & Pham, LLP
6355 Topanga Canyon Blvd., Ste. 115
Woodland Hills, CA 91367
Tel: 818-888-7540
Fax: 818-888-7544

Also wants 15k for fees and damages
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  #10  
Old 06-17-2010
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You got this letter mailed to you? Ugh so I am assuming they have your real address.

Was your name at the top of the letter?

Either way don't respond and don't sell their stuff/junk/products, whatever on that account - let it cool off.

No more response on your part - if your account is still in good standing, sell other things. Wait for a follow-up letter if any - most of the time these lawyers just do their routine accusatory letter.

Open up Stealths - don't use your real address - hawk the rest of your stock...if you want. end.
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