Need some help about a seized package & subsequent legal letters

DAVE101 · #1 07-08-2010

I recently had one seized and got my letter. Then a week later got a letter from a lawyer saying pay 15,000.00 or be sued. The letter didnt say anything about selling on ebay. Just that they seized my package. Can they link me to ebay in any way or to pay pal? What should i do?

healthnut88 · #2 07-08-2010

Who seized the package? What type of item? What did the first letter say? What did the 2nd letter say? You mentioned that the lawyer's letter said that they seized the package. Were your accounts stealth, partial stealth or real?

DAVE101 · #3 07-08-2010

customs seized it and sent the first letter. i didnt reply to it. then 1 week later i got the letter from the lawyers. and said i had 10 days to reply or be sued. and it is a real account. it is my address with my name. but the lawyers said nothing about ebay. i didnt even get an email like most have. what do i do?

GreenBean · #4 07-08-2010

Not likely that you would get an email after a Customs seizure. It's a different process. I dont know why you are worrying about ebay. That's the least of your troubles. You've tried to import items not accepted by Customs and whatever company is after people doing that.

A few more details would help. What law firm for starters?

jamblix · #5 07-08-2010

What shipping company did you use, DHL, EMS or something else? What kind of items were seized? You don't have to tell us exactly what company although that would help but, maybe something like designer purses, sunglasses, DVDs, video games, software? It would really help if you told us exactly WHO is suing you and for what purpose.

In my opinion, you never signed for the items nor did you even receive them, so the only thing they have against you is that you TRIED to get their copyrighted or trademarked goods delivered to your address. This has nothing to do with eBay because you did not sell the items as they were seized. I would strongly advise getting some kind of legal assistance too because, I doubt many people on this forum have much legal experience.

DAVE101 · #6 07-08-2010

it was dhl. and johnson and pham sent the letter after customs sent 1. and it was p90x. the letter said i was manufacturing , selling, and avertising them. can they get into my ebay or pay pal in any way?

would it do any good to change any of my info on ebay or pay pal?

GreenBean · #7 07-08-2010

DAVE, go use the search facility here. There are quite a few threads about this. Dont touch ebay/paypal info at the moment.

You're not the 1st user to get this. And if people go on selling phakes you're not going to be the last

jamblix · #8 07-08-2010

$15,000 for P90X? Damn! It looks like they've upped their penalties. It used to be only around $800 or $900. Yeah, I'm sorry to hear that it sucks big time. You definitely cannot be charged with manufacturing though.

I have no experience with the P90X and Johnson and Pham. There have been plenty of people who had gotten this letter though maybe one of them can help but wow, $15000 is wayyy too much. Unless you sold like 200 of them and if they can somehow prove you did.

DAVE101 · #9 07-08-2010

Gb im new at this how do i use the search? And thank you guys for the input. They did seize 12 by the way. And i dont think they can prove i sold any. Just thaught maybe someone has been through this.

GreenBean · #10 07-08-2010

Slaps own wrist. Bad GB,bad. Usually I give a URL link:
http://www.aspkin.com/forums/vero/17...ling-dvds.html

To SEARCH, go to top (R) of page.3rd word is search. Hit that and start. It's easier to used advanced search. aspkin has set the forum up extra well to find info. Also at the bottom of this thread, there is another box labelled Similar Threads. Key words get cross-referenced to help. ANd admin should try a bit harder as well

slapped · #11 07-08-2010

Quote:

Originally Posted by DAVE101

it was dhl. and johnson and pham sent the letter after customs sent 1. and it was p90x. the letter said i was manufacturing , selling, and avertising them. can they get into my ebay or pay pal in any way?

would it do any good to change any of my info on ebay or pay pal?

If All the information that you posted here is accurate then, Do Not Worry about the letter from Johnson & Pham at all, I have PLENTY of Experience with these guys.

There is NO WAY they can Say you are a Manufacturer, Manufactures EXPORT items, Not IMPORT Them. There is NO WAY they accuse you of Selling the item, YOU are the ONLY Party in this Alleged "Case", so unless Johnson and Pham Figured out a way of Proving that it is possible for someone to sell something to themselves, and make it stand up in Court, I would NOT Worry about it, AT ALL!!!

I hate those Guys for Scareing the Sh*t out Young inexperienced Sellers, simply because they did not Know Better. Someone ought to find out how many people actually paid them, and put a Class action Lawsuit in against them.

nobody999 · #12 07-09-2010

wait.....your items got seized, and customs contacted beachbody who turned it in to their own lawyers??? i thought customs will only seize and destroy the products, i didn't know they contact the original company as well...

slapped · #13 07-09-2010

Quote:

Originally Posted by nobody999

wait.....your items got seized, and customs contacted beachbody who turned it in to their own lawyers??? i thought customs will only seize and destroy the products, i didn't know they contact the original company as well...

That is Standard procedure, That is Exactly what Customs Does ALL the Time. Customs has No Idea of what products are Counterfeit or Not on their own, they rely on U.S. Rights Owners to Tell them which of their Items to watch for. They Simply put these items on a "List" and Once they come across those Items, they confiscate them, and advise the Rights Owner, who then Decides what to do, (Prosecute you, Send you a Cease and Desist letter, Maybe Nothing, ect, ect)

Customs(Goverment) VERY Rarely Prosecutes you, It would have to be an Item that can injure People (Like Counterfeit drugs) or MASSIVE Quantities.
It would be WAAAAAAY too Expensive for the Goverment to Prosecute EVERY Seizure. that is why they Leave it up to the rights Owner, So they can Shoulder the expense of Legal Actions.

DAVE101 · #14 07-09-2010

They gave me 10 days to respond. Ill let you know what happens. Hopefully nothing.

MadSam · #15 07-09-2010

Before you mentioned Johnson & Pham I already knew it was them, they are the kingpins of ebay/intellectual copyright lawsuits. I can tell you whether or not they've said mentioned it, they have ALREADY subpoena ebay for your account, and that with the seized customs shipment they now have evidence. I hate to tell you what you don't want to hear but this is not going to go away by ignoring it like others say. There are more examples than any other of this firm suing people who sold phakes on ebay. I'm not singing their praise, I'm as outraged as you are that they're demanding $15,000, but I know a lawyer who dealt with them and they are serious. Ignoring them will make it a lot worse.

You will need to be serious with yourself about how much you sold and how much you were importing. Ask them to furnish what evidence they have without you admitting anything at the moment and then you will need to come up with your defence how you're going to handle this. Whether you decide to argue that you didn't know, you're very sorry, won't do it again and you don't have any money to pay them anyway, etc. Or someone must have created a stealth account with your details and it wasn't you. Or you haven't sold anything like $15,000 worth, which sounds like, and are prepared to pay a smaller sum to represent the actual theft. If you ignore it you're helping them to demonstrate mens rea (intent) which gives them an even stronger case in court and they'll sue you for even more. The people that don't have to worry are the ones who haven't been served via mail, where there hasn't been much evidence, and not a significant dollar amount in terms of the IP theft.

Slapped, you're saying because they can't prove he was manufacturing, but manufacturing, selling and advertising is just the way it's worded under the Intellectual Property theft, they do have proof that he was selling and advertising.

GreenBean · #16 07-09-2010

Quote:

Originally Posted by nobody999

wait.....your items got seized, and customs contacted beachbody who turned it in to their own lawyers??? i thought customs will only seize and destroy the products, i didn't know they contact the original company as well...

Actually it is the other around. The VeRo owners advise Customs. There are in-house arrangements with US Customs as to what to do in the case of a breach of the rights of a IP owner. Each and every case differs.

I have to add that for anyone importing items to go read the Customs regulations for their goods. Ignorance of the law is no excuse.

GreenBean · #17 07-09-2010

Posts are only personal opinions and in no way constitute legal advice. In all cases legal advise should be taken.