Receieve legal letter... Help

[forummember]

I got a letter from a legal company who are acting on behalf of a company who have claimed that I have made a trade mark breach while selling on eBay. The item that I sold on eBay was removed anyway and this has come over a month after this. They say they expect to sign an 'undertaking' and to provide them with info about my sales etc. Anyone else had this and any advice please?

[vigilantex69]

Oh ****! Thats why you shouldnt sell ⊗⊗⊗⊗ under a real address!

[FattyM]

1) Stop using your real info on anything with Ebay and paypal.
2) Stop selling what ever trademark you are infringing. At least for now.
3) Never reply to any letters or emails, unless served by sheriff's department.
4) Never sign or admit to anything.
5) Ignore ever threatening phone call, certified letter, email, until you are served court papers.

[oompaloompa]

was it a signed for letter? did you sign the name of ebay account holder?

[forummember]

Haven't signed it yet?

[oompaloompa]

no, I mean did you sign for it at delivery eg recorded delivery

[forummember]

No, it was just a normal letter, 1st class.

[teedon]

i think fattm is right if you are selling the VERO things

[oompaloompa]

Originally Posted by forummember

No, it was just a normal letter, 1st class.

ok good answer

it has no legal weight if not signed for, be careful not to sign for anything from now on other than with eligible swiggles.

do not reply to letter, clean up your ebay account and let it rest, this is a threat, but it could turn in to more if you dont heed it...

[forummember]

They want me to sign an 'undertaking' which means that i haven't admitted to anything but promise not to infringe their clients rights.This safe?

[oompaloompa]

no do not reply

[SevnSins]

agreed.

as oompaloompa has stated, do not sign ANYTHING. nor respond to any calls, future letters, and NEVER sell that trademark on that account ever again on that specific account.

my friend was served (sheriff came to his door) by the company that makes the CHI hair straighters for selling f@kes on ebay, and they sued him for $15,000, and seized his house.

I repeat, DO NOT EVER SELL THAT PRODUCT ON THAT ACCOUNT AGAIN!

[nobody999]

Originally Posted by SevnSins

agreed.

as oompaloompa has stated, do not sign ANYTHING. nor respond to any calls, future letters, and NEVER sell that trademark on that account ever again on that specific account.

my friend was served (sheriff came to his door) by the company that makes the CHI hair straighters for selling f@kes on ebay, and they sued him for $15,000, and seized his house.

I repeat, DO NOT EVER SELL THAT PRODUCT ON THAT ACCOUNT AGAIN!

i guess your friend sold a ton of chi!

[SevnSins]

don't think it was the amount really, since I think he only sold ~300 of them. he lives in texas, and the owner of chi (Farouk Shami) is/was running for governor of texas. i believe it was more of an attempt to prove a point. my friend deals a lot of that crap locally, and saw they were selling like hot cakes on ebay, and jump in head first. they raided his house, and has pending investigations for 4 other trademarked companies.

[nobody999]

Originally Posted by SevnSins

don't think it was the amount really, since I think he only sold ~300 of them. he lives in texas, and the owner of chi (Farouk Shami) is/was running for governor of texas. i believe it was more of an attempt to prove a point. my friend deals a lot of that crap locally, and saw they were selling like hot cakes on ebay, and jump in head first. they raided his house, and has pending investigations for 4 other trademarked companies.

if he's in texas, i think there is a law preventing seizure of homestead...300 is a lot!

[SevnSins]

I can't honestly say whether or not they "seized" it, but he did mention losing his house over it. It just happened a couple months ago. His 2 buddies fled the country, so it apparently scared the crap out of them. If 300 is a lot, then he has bigger problems coming. That was a side product for him, and they found a bunch of other crap he shouldn't have been selling. Needless to say, he's in some serious trouble, and I know there are a lot of people on here doing the same thing. They've been cracking down a lot lately, and you never know what new technology will allow them to trace.

I have another friend locked up with someone who got busted for selling f@kes, and he got busted by a TSA agent turning his name in. The same name came across the confiscated packages computer, and the TSA agent turn the name over to the FBI. They apparently flagged the address or name, and followed the next package through it's delivery. Arrested him as soon as he signed for it.

Word to the wise: Either get legit, or prepare for the worst.

[oompaloompa]

Originally Posted by SevnSins

agreed.

as oompaloompa has stated, do not sign ANYTHING. nor respond to any calls, future letters, and NEVER sell that trademark on that account ever again on that specific account.

my friend was served (sheriff came to his door) by the company that makes the CHI hair straighters for selling f@kes on ebay, and they sued him for $15,000, and seized his house.

I repeat, DO NOT EVER SELL THAT PRODUCT ON THAT ACCOUNT AGAIN!

seriously? ai mi madre.........

as for the seized packages thing, best to move addresses after seizures, though saying that, buying stuff isnt an offence, cant see how they could do much without proof that he sold it on...

[SevnSins]

Buying the goods is an offense after you've warned previously that the goods are f@ke. Bringing the products into the USA is a chargeable offense, even if no proof of sale can be determined.

[oompaloompa]

^ ok, think they are more lenient over here, you practically have to be caught with them in your hand, and then its maybe a small fine, if that.
you are right though, vero is not the way to go on ebay, the odd thing maybe, trying to sell it all the time as you main items, or in large quantities, dooms accounts..