Help!Suspensions and letter from Attorney

[XgaogaigerX]

I have received email letters from the law firm about the copyright(selling the Insanity on ebay),it want me to pay them $800+ ( i get no money, i am broke). it from a attorney called Johnson and Pham. and my ebay account get suspended after i sold few of the dvd boxset. i want to ask, should i respond the law firm email, or will they have any further action? before i receive the email from the law firm, i had send my ebay account name to the Vero member and ask them why remove my listing on ebay. and they reply me because it is counterfeit item. will that be a serious problem on my situation?
i will very thank for any help or updated regraded on it.

p.s can anyone help me out on this mess.

[cardfelon]

Is this on a stealth account? I would just ignore the letter but I would stop selling them right away. They send that letter out to everybody it seems like. It is just a scare tactic. Was the letter just in email or did you get a actual letter in the mail?

[XgaogaigerX]

it is not a steath account. i get the letter on my email. so is just only a scare tactic? did i need to respond or pay them ?

[XgaogaigerX]

here is the E-mail letter i get from the law firm:

Attached you will find a demand letter with corresponding enclosures which relate to your intentional trademark and copyright infringement of Product Partners, LLC’s Beachbody® line of fitness products. Please read these documents thoroughly as action is required on your part.

Product Partners, LLC is aggressively combating rampant piracy of its Beachbody® line of fitness products, including but not limited to, P90X®-, INSANITY®-, and CHALEAN EXTREME®-branded fitness products.

You are hereby put ON NOTICE and should immediately CEASE AND DESIST from the illegal sale of COUNTERFEIT Beachbody® fitness products.

also, is attached a PDF file saying that i need to pay and give them information about my ebay, such as how many i sold, something like that.

p.s can you guy please help me out on this mess. it is driving me crazy.

[cardfelon]

Just ignore it. They are just trying to scare you. But you need to stop selling them right away. If you get served actual court papers from a process server then you need to worry. If you give them any information then that is admitting guilt and also will give them information to use against you in the future if they wanted to.

[teedon]

yes,just ignore it,and they just scare you and if you are not selling it 100 pcs each day,

[teedon]

ebay and amazon are very stickly for selling P90X and insanity,zumba now.

[terell05]

P90X Fun fact:
Time frame 03/27/10 - 04/26/10
Number of P90x listings - 3278
Number of listings that sold - 3000 (some of these listings have multiple quantities)
Average sale price - $83.64
Number of Sellers with Sales - 686
TOTAL SALES - $508,182.33!!!

This Stat does not include all listings, only listings that have p90x and guides in the listing.

[OfficialGenius]

Originally Posted by terell05

P90X Fun fact:
Time frame 03/27/10 - 04/26/10
Number of P90x listings - 3278
Number of listings that sold - 3000 (some of these listings have multiple quantities)
Average sale price - $83.64
Number of Sellers with Sales - 686
TOTAL SALES - $508,182.33!!!

This Stat does not include all listings, only listings that have p90x and guides in the listing.

Wow, that's insane! How did you accumilate this info?

[terell05]

I searched p90x guides on a program called hammertap. I've seen p90x on ebay since 2008, product partners are losing millions. Makes me wonder how many companies are losing millions because of ebay.

[XgaogaigerX]

thank very much guy. i will ignore the email and find another way to sell those dvd out = =
. any suggestion from u guy ?

[teedon]

do not worry this and just try to sell more and make more profit firstly.You can build your own website to sell,no rule ,no banned,but you need to make ads on line and let people come to you.

[XgaogaigerX]

will have any problem on sell those on craigslist or so other online market place ?

[Burst]

BeachBody will email you, then send you letters in the mail. Just ignore them until you see something certified come in the mail which usually never happens. They make up numbers saying you owe from who knows where.

Someone received a physical letter from them demanding over $800 and not one box set was even sold. Theyre funny people.

[XgaogaigerX]

haha...they can't make any profit from the dvd, now they turn around and scam people.

[arsgunner77]

Originally Posted by terell05

I searched p90x guides on a program called hammertap. I've seen p90x on ebay since 2008, product partners are losing millions. Makes me wonder how many companies are losing millions because of ebay.

im sure alot of companies are losing millions,but the numbers they put out there are false,i mean alot of these people are mainly buying them because they're cheap and they wouldnt pay retail,for example my friend wanted some adobe photoshop software,he would never ever spend that much money on it but got a pirate copy because it was very very cheap, companies will count this as lost money when in reality my friend would of never bought the program

i know they do lose millions but the number they make up is bogus and no where near accurate

[dd1212]

I actually got this letter for 896 and some odd change from Johnson and PHAM, I got an e-mail, and also got a US letter from them in the mail. I was freaking because I am becoming a nurse and do not want any charges against me before state boards. I hired an attorney. He told me he was not sure what would happen, he said you could pay the money but they will only release you from one thing, and could still later sue you for selling these systems. I did not know I was doing anything wrong. He says they have 3 or 5 years before their accusations against me could be served in court,and they could come back 2 years from now and litigate and serve you in the state of California, if they have proof you sold on to California/ or if the total sales from the state you live in are above or over 75,000.00. There are a lot of if's and's or but's, but I am not going to gamble them actually sueing me 3 years from now for 75,000.00 or 150,000.00. Right now they have contacted my attorney and we will see what happens.

[jeffweico]

Do whatever your lawyer tells you, but I would be VERY HESITANT to sign any agreement admitting wrongdoing. Remember, this lawfirm represents a private business, and can only sue you in CIVIL court. At worst, a judgment gets entered and they take a percentage of your paycheck each week.

If you sign a letter admitting that you knowingly violated the law, they could turn that over to the attorney general (or whatever the proper authority is). Then it could be the government coming after you with CRIMINAL charges. That is something that you definitely do not want!

You said that you didn't know you were doing anything wrong. I believe you. And, right now, if you were prosecuted criminally, you could make the argument that you thought it was legitimate. If they have a letter signed by you that states you knowingly violated the law, then it could become very difficult to make that argument.

I'm not a lawyer, and this is not legal advice. Do what your lawyer says. But you might just want to run this by him or her.

[arsgunner77]

Originally Posted by dd1212

I actually got this letter for 896 and some odd change from Johnson and PHAM, I got an e-mail, and also got a US letter from them in the mail. I was freaking because I am becoming a nurse and do not want any charges against me before state boards. I hired an attorney. He told me he was not sure what would happen, he said you could pay the money but they will only release you from one thing, and could still later sue you for selling these systems. I did not know I was doing anything wrong. He says they have 3 or 5 years before their accusations against me could be served in court,and they could come back 2 years from now and litigate and serve you in the state of California, if they have proof you sold on to California/ or if the total sales from the state you live in are above or over 75,000.00. There are a lot of if's and's or but's, but I am not going to gamble them actually sueing me 3 years from now for 75,000.00 or 150,000.00. Right now they have contacted my attorney and we will see what happens.

im assuming you sold a couple,you have nothing to worry about,no need to be paranoid,if they go after you for a couple of them,they have to go against thousand of sellers than,if you get caught more than once..maybe theyd go after you,but yer wasting time by going to an attorney to be honest,i understand if yer paranoid,but they will not sue every person 3-5 years later,no company does this,stop selling and you'll be ok

[dd1212]

Thanks guys, I am not signing nothing, my lawyer basically sent them a message consisting of how he likes to say "F U" because of the affidavit saying do not contact us we have heard it all before he thought was kinda BS. I had maybe sold 8-10 maybe, there is no way this little amount; which I though was legit, should they go after me. I just think that is all is a scheme, but if it keeps dragging on with me paying my lawyer 120 an hour, and a total of 2 hours of time so far, I may just have to say Ill take my chances. As far as I know thousands of people are in my same boat if not worse. I appreciate everyone response. I'll keep ya'll updated

[cardfelon]

Originally Posted by OfficialGenius

Wow, that's insane! How did you accumilate this info?

There are many programs out there where you can enter in any product and find out all the information on anything. They catalog all the listings on Ebay for the last 90 days and will break it all down for you

[XgaogaigerX]

today i have receive the the letter by mail ? is that meaning i will get suit ? should i still ignore it since it seem like a scare. please help me out on this mess.