got an email/mail sent by overnight fedex from the attorney

I sold some brainetics on amazon,then after a week or so,I got an email
an email and then mail sent by fedex overnight,I am so scared!

Anyone has received the same email ?


We represent Brainetics LLC which develops and distributes educational
DVDs under the brand name BRAINETICS. The highly successful Brainetics
DVDs are protected by the Copyright laws of the United States, 17 U.S.C.
101, et seq. In addition, the Brainetics trademark has been in use since
2007 and is registered with the U.S. Trademark Office as Reg. No.
3486052.

You have been selling counterfeit copies of the Brainetics DVDs in
violation of Brainetics LLC's rights under the copyright and trademark
laws of the United States, including sale of counterfeit product on amazon.com.
Your counterfeiting activities subjects you
to injunctive and monetary relief including statutory damages including
an award of $1,000,000 pursuant to 15 U.S.C. Section 1117.

We demand that you immediately cease and desist from all purchase,
duplication, advertising, sale or other distribution of counterfeit
Brainetics product. Unless you contact me in writing by the close of
business hours on Friday November 5, 2010 in order to confirm your
compliance with the foregoing demands, we have been instructed to
enforce Brainetics LLC's rights against you to the fullest degree
available, including an action for a temporary restraining order,
injunction, damages, statutory damages, and attorneys fees.


Very truly yours,


Oscar L. Alcantara
Counsel for Brainetics LLC

[jeffweico]

This type of thing is happening more and more. Copyright and Trademark owners are tired of waiting for the government to protect their interests and are taking matters into their own hands.

They have undercover buyers who will purchase a set on eBay, Amazon or wherever. Then, their client examines what is purchased. If it turns out to be counterfeit, you get sued.

Selling counterfeit items is really NOT a good idea.

Can they get a million dollars from you? Probably not. The amount can be UP TO a million dollars, but it all depends on what the judge will allow. It is not automatic.

Some will tell you to simply ignore this, but I think you need to speak with an attorney. If you just got an email, I'd say ignore it. But they obviously have something on you here and it sounds like they intend to sue.

If you sold one to anyone at the attorney's address, you DEFINITELY have trouble. Although an undercover buyer could be a friend of the attorney living in another state, or just about anyone else for that matter.

The GOOD NEWS, if there is such a thing in this instance, is that this is a CIVIL MATTER. No private company or attorney can put you in jail, only a government prosecutor can, but that is unlikely. The worst case scenario that I can see is they obtain a judgment and then you file bankruptcy. So it could potentially kill your credit for 10 years.

Of course, I am not an attorney and this is not legal advice. Nobody on this forum, myself included, is qualified to dispense legal advice. So you might want to speak with an attorney.

jeffweico,Thank you so much!!!!!Any advice,any words will help me.

I did receive in the mail by fedex overnight,that is why I take this matter seriously.If it was just an email,yes,I would ignore it.
I did contact him back by and told him that I did this with no bad faith .I did a google search with keyword wholesaler,you can find a bunch of information.How can I know that I can't buy from wholesaler and resell?

The attorney asked me to send back whatever stock I have to him,but I already sold them out.Nothing left. I beg them to have mercy on me as I don't have a job---used to deliver food,in detbs ,no saving, almost homeless.And it is true.Anway,I am scared,verrrrry scared. Anybody has ever received such email? how would you deal with it?

jeffweico. ,thank you again

that is true,he is an undercover buyer,he bought one set from me.I am so surprised when he email me addressing my name,I was so surprised that he knew my name.if it was just a inquiry he would not know my name,obviously he bought one set from me.

I have already stop selling brainetics,moreover,I don't have any in stock.

jeffweico, No,I can't even afford to speak to an attorney. the money that I got by selling had been used to pay the rent! feel so hopeless!

[lakeman]

Anyone can send a letter via FedEx overnight claiming to represent a company...


However, I agree with Jeff. The best thing you could do is get an attorney, before you say ANYTHING else to them!

lakeman,thank you for your advice. Now I feel dumb to have revealed some information to the attorney.
belowcommunication I had with the attorney,

"Thank you for your email. I will discuss your case with my client in order to determine how we would like to resolve this matter.


In the meantime, please be aware that the products you purchased and sold were counterfeits, manufactured and distributed without authorization by a product counterfeiter in China.


You may not purchase or sell any BRAINETICS products in any medium. As of yesterday's date, we believe that you were still promoting the sale of multiple units of counterfeit Brainetics product on eBay using the screen name bigmediaworld or other related screen names. You should immediately ship all such units of Brainetics branded product to my address via overnight delivery.


Please let me know if you have any questions regarding the foregoing.


Very truly yours,


Oscar Alcantara
Counsel for Brainetics LLC


my email to him,
Dear Mr Alcantara,
As the promoting that you talked about,I did want to end it but I went downtown with friends to see a free art gallery.My friend rushed me to leave ,then I didn't have time to take the listing down.

while the listing was still there,I already didn't have anything left.I don't have any brainetics to ship to your address.

I don't have a job,--used to deliver food, in debt,no savings,really am strugging to pay bills. Then try to sell something online.

Please forgive my wrong doing.

As for the foregoing,I don't know what will happen .All I can ask is the mercy from the creator of brainects.

thank you

they also found me selling on ebay and reported to ebay,ebay took down my listing resulting a VERO violation

[rsot]

Welcome to the forum - sad to hear but there are many stories around here that are similar to yours.

Get the stealth guide and learn to operate without using your real name and info.

For now, jeffweico's words are good advice but no attorneys here so 1. stop communicating with them 2. your amazon account is likely done - ebay vero violation is not bad but stop selling that in order to preserve your account 3. don't provide any more real info.

The more your communicate with them, the more fodder your provide to them. If they are still communicating with you with regards to CHARGES (not just give us your stock, provide us info, etc. etc) then go for an attorney.

All the best.

TO RSOT,

No,My amazon account is still there.Amazon did not suspend my account,they just reserved the funds there.I won't be able to withdraw it.Dare not ask amazon whey they don't let me withdraw the money though.
Yes,I did buy the ebay steath guide though 40 dollars is quite a bit for me.Very awsome information.

[rsot]

Ah ok - well you will learn a lot from the stealth guide. Amazon will let you in 90 days.

[SaiJin]

Originally Posted by blueskyorders

TO RSOT,

No,My amazon account is still there.Amazon did not suspend my account,they just reserved the funds there.I won't be able to withdraw it.Dare not ask amazon whey they don't let me withdraw the money though.
Yes,I did buy the ebay steath guide though 40 dollars is quite a bit for me.Very awsome information.

I can understand you think $40 is a bit for an eBook. But you know...
soon or later, you are going to say it's too cheap for it.

the book + this forum = extremely valuable.

[rsot]

Well put Saijin - cost of running nice business.

Yes,I agree the ebook is awsome! But right now,40 dollar is really a big amount for me.I am not lying about it

[rsot]

You can look around the forums and learn a lot too - i don't judge people whether or not they buy the book =) you can always use trialpay but yes, lot of info around the forums.

rsot ,i just bought the book too late.If i bought it early,i might not get caught,lol

[rsot]

Never too late =) and later is better than never for sure

[rcdrivertim]

I googled this Oscar guy...He is in Illinois, Chicago to be exact...Unless you are selling mass quantities then I would not worry about, unless you are close to Chicago...No firm is going to go across state lines to prosecute someone selling SOME ⊗⊗⊗⊗ items...It is a scare tactic which worked...LOL This firm will have to retain outside council in the right state, which is not cheap at all! They have to pay them for whatever work they do even if trial doesn't come about...Should they obtain a judgment, you have nothing to collect on...Attorneys aren't going to waste time and money to sue someone who they can't collect from...

These attorneys are trying to put the fear of God in to people so they go and post in these types of forums to scare people from selling their product...Don't bother writing to this guy anymore...These guys want the big fish...

Name and address of the representative
Oscar L. Alcantara
Goldberg Kohn Ltd.
55 East Monroe Street,
Suite 3300
Chicago, IL 60603 (US)

[rsot]

I smell a new account in the making ha...

[webgoon]

blueskyorders, just out of curiosity, was oscar the person you sold it to? If so, I guess people who are selling that product should be on the look out in case he buys from you.

TIA!

webgoon,No, oscar himself did not buy it.probbaly his coworker or somebody who worked for the same firm bought it.I still try to figure who bought it. Obviously he has one copy of what I was selling,, because he knew my name,my return address.

RSot,haha,yes, their products sell well,if you can find legit products ,yes,go for it. But don't mess with counterfiet again,--ever again.you won't be able to sleep well when you rceive the letter.


rcdrivertim, Thank you so your advice.I won't talk to him anymore,I sold less than a few donzen pcs. Not a big fish at all!!! I did google him,it looks like they are a big law firm.

[jeffweico]

I googled this Oscar guy...He is in Illinois, Chicago to be exact...Unless you are selling mass quantities then I would not worry about, unless you are close to Chicago...No firm is going to go across state lines to prosecute someone selling SOME ⊗⊗⊗⊗ items...

Actually, copyright and trademark cases are normally filed in FEDERAL court. While there are some rules as to proper venue, it is not like being sued over debt owed, in which they have to file in the area in which you live.

[123]

Also did you sign for the fedex package ? I read it can only be used in court if you sign. Also I hope you learn from this and go stealth.

No,I did not sign for the fedex letter.the postman just dropped it at the leasing office.

I would not sign if next time it comes a registered mail or certified mail.