Received custom Seizure letter and letter from attorney on behalf the brand company

[GreenBean]

Originally Posted by dachilla

I haven't heard of a legal obligation for the IP owner to send a c&d letter before they sue you. Technically they could sue right away. Thus it was just a nice move of them to warn you and keep the costs for both sides low. And thus it is not important weather the letter can be considered delivered or not.

In the US, there is a subtle difference.

Email advising of a potential claim is not deemed to be service.

Postage via USPS has differing criteria.

[Batanga188]

@GreenBean: they send me with wrong spelling name. First package n second (re-ship package) has different last name, if they want to sue me, will they knock on my door?

[Batanga188]

@Yasav: So its mean alot of people get the same letter like me? Just wondering after 6months happened they just send me this attorney letter now, i think they too busy to send mail to all people who got package seized by custom. I PM you i want to ask some question coz u dealth with it before. Please check, thank you yasav.

[dachilla]

Originally Posted by GreenBean

In the US, there is a subtle difference.

Email advising of a potential claim is not deemed to be service.

Postage via USPS has differing criteria.

I understand that. However the claims of the IP owner arose at the time when OP tried to import the items and not at the time when she received the C&D.

In case IP owner would sue OP for damages, OP could not just state "Haha, I didn't get the C&D. You can't sue me without sending me a C&D first."

That's what I meant when I said there is no legal obligation for IP owner to send a C&D before they sue. They do this because they saw that OP tried to trade in small quantities and thus made it cheap for OP by sending him/her a C&D instead of suing OP right away.

Thus it's not really important if the C&D can be considered delivered. Because if OP doesn't sign a C&D agreement or claims he/she never received it, they will probably sue OP regardles of the C&D being delivered or not. Also the misspelling of the name shouldn't have any positive effect for OP.

So still I recommend to not let the given deadline expire, and seek legal advise within that deadline.

[dachilla]

Originally Posted by Yasav

In 99% of the time, they just want you to stop doing whatever you were doing.

How do you think, they make sure that OP stops doing what he/she is doing?

Just a letter isn't enough. She needs to promise it to the IP owner. How is that done? They make OP sign a cease and desist declaration with penalty clause. And if OP doesn't sign it, there is no such promise.

[Batanga188]

Originally Posted by dachilla

How do you think, they make sure that OP stops doing what he/she is doing?

Just a letter isn't enough. She needs to promise it to the IP owner. How is that done? They make OP sign a cease and desist declaration with penalty clause. And if OP doesn't sign it, there is no such promise.

I know.. you are right, but im still confused if i sign it and promise will not do it again, and then next they got seizure notice from custom for my re-ship package. They will think after sign i still keep doing it and they have the proof that i promise i will stop. What they will gonna do to me? Or should i just wait till i got the second seizure letter?

I really appreciated your advice dachilla.

[dachilla]

Originally Posted by Batanga188

I know.. you are right, but im still confused if i sign it and promise will not do it again, and then next they got seizure notice from custom for my re-ship package. They will think after sign i still keep doing it and they have the proof that i promise i will stop. What they will gonna do to me? Or should i just wait till i got the second seizure letter?

I really appreciated your advice dachilla.

Not really how it works. You need to take care of things first, by either notifying customs to destroy the goods or send them back. If the second parcel went through customs and is about to be delivered you'll need to refuse it at the door and have it sent back.

You get the the cease and desist letter only once. If you sign the cease and desist first and then try to import IP owners goods again, they will most likely sue you for the penalty & damages.

Thus make sure to notify customs to either destroy the parcel or send it back and make sure the Chinese seller understands the problem and doesn't send it a third time. Then you are ready to sign c&d.

Do not sign it as it is, have a lawyer look over it. Very often the costs for the opposite lawyer are calculated way too high (due to excessive damage calculations) and you will save money when you have a legal professional look over it and have him modify or rewrite it.

GL

[Batanga188]

Originally Posted by dachilla

Not really how it works. You need to take care of things first, by either notifying customs to destroy the goods or send them back. If the second parcel went through customs and is about to be delivered you'll need to refuse it at the door and have it sent back.

You get the the cease and desist letter only once. If you sign the cease and desist first and then try to import IP owners goods again, they will most likely sue you for the penalty & damages.

Thus make sure to notify customs to either destroy the parcel or send it back and make sure the Chinese seller understands the problem and doesn't send it a third time. Then you are ready to sign c&d.

Do not sign it as it is, have a lawyer look over it. Very often the costs for the opposite lawyer are calculated way too high (due to excessive damage calculations) and you will save money when you have a legal professional look over it and have him modify or rewrite it.

GL

The problem is I can’t contact custom and say destroy it or send it back, its already here in US custom, they will destroy it on their own when they know the package is **** items.

The C&D letter only give me 10days to replay (7days more) or they will do further action (lawsuit) so if i sign now then in the next couple months custom send them seizure letter with same address. they will sue me because they think i keep doing it, but im not (it just re-ship package). Custom moslty send seizure letter after 1-2 month package got seized.

if the C&D include my second package i would sign and promise to them i will not do it again.. but the problem is they didn’t talk about the second package yet.

Im so scared to death. Will never order from china again.

[rsot]

Originally Posted by Batanga188

The problem is I can’t contact custom and say destroy it or send it back, its already here in US custom, they will destroy it on their own when they know the package is **** items.

The C&D letter only give me 10days to replay (7days more) or they will do further action (lawsuit) so if i sign now then in the next couple months custom send them seizure letter with same address. they will sue me because they think i keep doing it, but im not (it just re-ship package). Custom moslty send seizure letter after 1-2 month package got seized.

But if the C&D include my next package i would sign and promise to them i will not do it again.. but the problem is they didn’t talk about the second package yet.

Im so scared to death. Will never order from china again.

If mail was received NOT REGISTERED, in your shoes, I would just stop getting these items and not respond - again, if you're really concerned you will need to seek legal advice. This issue is beyond forum scope.

[Batanga188]

Originally Posted by rsot

If mail was received NOT REGISTERED, in your shoes, I would just stop getting these items and not respond - again, if you're really considered you will need to seek legal advice. This issue is beyond forum scope.

Thank you rsot, yes the mail was received Not registered. I will stop not get this items again, my first and last order frm dhgte.

[dachilla]

As I stated above it's not important if the letter was registered or not. It is common practice to not register this kind of mail.

Example and Clarification: Some laws require that a c&d is sent in registered mail to a CONSUMER. OP isn't a consumer in this case. Consumer for example is someone, who downloaded some movies with bittorrent to watch at home. For merchants (like OP) there are other rules. C&D is not required, IP owner could take legal actions right away.

In OPs case I'd seek legal advise and mention that a second parcel hangs with customs. I am sure this can be included in the c&d agreement, so that you won't face any penalties as long as you stick to not doing it again.

[Batanga188]

Originally Posted by dachilla

As I stated above it's not important if the letter was registered or not. It is common practice to not register this kind of mail.

Example and Clarification: Some laws require that a c&d is sent in registered mail to a CONSUMER. OP isn't a consumer in this case. Consumer for example is someone, who downloaded some movies with bittorrent to watch at home. For merchants (like OP) there are other rules. C&D is not required, IP owner could take legal actions right away.

In OPs case I'd seek legal advise and mention that a second parcel hangs with customs. I am sure this can be included in the c&d agreement, so that you won't face any penalties as long as you stick to not doing it again.

Ok dachilla, thank you so much, you really help me alot.

[Batanga188]

Hi guys, i just want to update, i was talk to my lawyer about this problem.

Thank you for all your help guys!! I really truly appreciated it.

[dachilla]

Did the best thing you could do, now you can sleep well. Well done

[rsot]

Good update Batanga188

[McLovin69]

Hi what was the outcome of this situation?

[rsot]

Originally Posted by McLovin69

Hi what was the outcome of this situation?

Over a year ago was the last post so....

[Play]

Originally Posted by McLovin69

Hi what was the outcome of this situation?

OP Last Activity: 11-04-2018

Unlikely to get an update. You're better of starting your own thread.

[Adriana]

Hi Batanga188 !
I have a similar problem as you did, my package was seized and a couple weeks after a received a cease and desist letter from a law firm. I did not answer them, but i will never import anything else like that.
My question is, did you hear more of the attorney after you received the letter?
I am little nervous about my case and i want to know what could happen.

Thanks!!!

[rsot]

Originally Posted by Adriana

Hi Batanga188 !
I have a similar problem as you did, my package was seized and a couple weeks after a received a cease and desist letter from a law firm. I did not answer them, but i will never import anything else like that.
My question is, did you hear more of the attorney after you received the letter?
I am little nervous about my case and i want to know what could happen.

Thanks!!!

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

OP's original post is a bit dated but still relevant. Lot of posts on this topic. Usually, no more comes after this once you stop...

[Batanga188]

Hi adriana, sorry to hear about that, you will need to hire a lawyer, if you never reply them they will keep send you letter. (They just want to make sure you will never import f*** items again) hope that helps. Last time my lawyer take care of the case and im done never import phopo again lol.

[rsot]

Originally Posted by Batanga188

Hi adriana, sorry to hear about that, you will need to hire a lawyer, if you never reply them they will keep send you letter. (They just want to make sure you will never import f*** items again) hope that helps. Last time my lawyer take care of the case and im done never import phopo again lol.

Smart move - hope it didn't you back a ton...