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-   -   Need help = letter from attorney (https://www.aspkin.com/forums/vero/20581-need-help-letter-attorney.html)

wanting to learn 07-21-2010 06:23 PM

Need help = letter from attorney
 
Hi Everyone, I just recently received a letter from Johnson and Pham. Same stuff everyone says on the forum. It states that I will need to pay for ⊗⊗⊗⊗ products. The reason I got this letter is customs seized my products ( about 80 pcs total) different boxes. This letter has come to my residence. This was only a letter from the attorney with standard 15 pages, not certified. I do not know what to do any help would be appreciated. It says I have 10 days to respond. Have read through past post and people say do not respond but have not been able to find anyone who has not responded and posted after wards. The items were not sold only seized. Please help

wanting to learn 07-21-2010 09:27 PM

Please is if anyone has any advice it would be appreciated. I really am worried about what to do. Thanks

jeffweico 07-21-2010 10:54 PM

Don't contact them at all. I have more info on them, but PM me if you want it. I don't want to post it in public.

teedon 07-22-2010 01:24 AM

ingore the letter,our customers also happend this before ,and nothing happend so far after ingore the letters.You cannot imagine how many usa people get this letter,too much.

wanting to learn 07-22-2010 06:33 AM

Thank you for your helpfull insight. I will try to keep everyone posted.

rsot 07-22-2010 09:58 AM

wanting to learn, there is a beautiful post on this forum from a member here about johnson & pham and their underhand tacticd. Search it - it's a good read.

maroktav 07-23-2010 02:05 PM

i got same letter today and asked me to pay 917. please helpppp... im scared to death.

oompaloompa 07-23-2010 02:55 PM

there are stacks of posts and threads on this, do a search under johnson and pham...anyway dont be scared, seems like they are dishing these letters out like sweeties, just dont reply and stop selling items...

rsot 07-23-2010 02:56 PM

Ignore - just don't repeat what caused it.

discovery 07-25-2010 03:50 PM

Quote:

Originally Posted by wanting to learn (Post 152532)
Thank you for your helpfull insight. I will try to keep everyone posted.

Hi "wanting to learn," I went through the exact same situation with the firm. Send me a private message

Quote:

Originally Posted by jeffweico (Post 152500)
Don't contact them at all. I have more info on them, but PM me if you want it. I don't want to post it in public.

Hi jeffweico,
I am in the exact same situation. Could you please PM me? Thank you so much!

MadSam 07-26-2010 12:35 PM

Somebody post a copy of one of these letters, blanking out any personal information.

DarkShinobi76 07-28-2010 03:46 PM

Well, I got a certified mail packet(which I stupidly signed for) yesterday from them...

It contained a summary cover letter, demand letter and a draft complaint...

They told me they tried contacting me via e-mail last month, which I had to go through over a month's worth of e-mails to find...

The cover letter states, "please respond to our demand or have legal counsel contact our office within seven (7) days of receipt of this letter or we will be forced to file a COMPLAINT against you."...

It also goes on to say, "DO NOT IGNORE THIS LETTER. It is not our intention to be unreasonable, but once a lawsuit is initiated we will protect our client's interests to the full extent provided by the law."...

The demand letter wants me to pay $15,000, which is money I can only dream about having right now, within 7 days(well less than 6 days now)...

Not to mention the draft complaint mentions that I sold a copy to one of their undercover agents, which they have had tested for it's authenticity and found it to be counterfeit...

I'm really stressed and scared right now... First of all, I didn't even know that it was counterfeit or that even selling a Beachbody product(I did stop selling for over a month now) on eBay would cause such a commotion...

They even went on to provide me with 3 cases that they've successfully prosecuted... I've been to these two links and what I've seen there is very frightening to me...

1.) Cases filed matching "Product Partners, LLC" :: Justia Dockets & Filings

2.) Intellectual Property Lawsuit Search - RFCExpress

So what do I do now?!? I did try contacting an attorney who referred me two other attorneys in my area...

But am I doomed, is there no hope of getting out of this?!? I've been looking up forums on this issue and some say it's just underhanded scare tactic, others say it extortion, but I don't want to be sued and/or go to jail over this...

On top of that I can't even afford an attorney to begin with so financially I'm totally helpless... What do I do, what do I do?!? Am I worrying too much about this?!? Or am I totally and utterly screwed?!? HELP!!!

rsot 07-28-2010 04:09 PM

First - take deep breath. Now first step back - they sent you certified letter in your name? Not the end of the world - do not cooperate with them and stop wasting your time on attorneys.

They are trying to extort you for cash - how much did you sell? Of course, selling any potential Ve Ro product has potential for commotion...

But that being said, ignore and move on. I know it's tough but DO NOT PLAY their games.

Don't even bother answering and try and relax.

Remember, if it ever does go to court which i HIGHLY doubt, there are many ways to fight.

Re-read what you said - are you SURE you did not know it's counterfeit? Who is your supplier and such? Please don't come to the forum without being completely honest.

Lesson to be learned is not to use your name and address in these kind of issues. But, like I said, just walk it off and don't play their game.

DarkShinobi76 07-28-2010 04:17 PM

Yes they did send the certified mail packet in my name...

As for not, dealing with attorneys, it's hard, 'cause I hate this...

I do agree about trying to extort cash and such, but my goodness this isn't right...

How are sellers supposed to know that they're items are counterfeit or not?!?

I've sold quite a few, some of which were drop-shipped from a gym here in the U.S....

I'm really stressed out right now, can't even eat or sleep well now...

rsot 07-28-2010 04:28 PM

I have dealt with attorneys for things - outside of eBay of course but that's all corporate or medical and such.

It is hard when you receive such a letter but you have to go around the forum - these letters ARE SO COMMON. Your action is no action.

As for sellers supposed to know what items are counterfeit or not, for legal purposes - that doesn't hold water. If you read any civil law or corporate law - "Ignorance is no excuse" - sellers are expected to know everything about the product they sell - I am not trying to teach law but these are common rules.

Regardless though, now you know about these kind of products and what you can expect if you don't stop.

Now if you do want to keep generating the cashflow, you start new accounts in different names. Good start is to read Stealth Guide.

You will get more responses from the forum - you have to forget about this and just shred the letter. DO NOT REPLY - your reply will spark their action.

Disclaimer: I am not promoting sale of infringement stuff ha.

DarkShinobi76 07-28-2010 04:29 PM

Quote:

Originally Posted by rsot (Post 154148)
Re-read what you said - are you SURE you did not know it's counterfeit? Who is your supplier and such? Please don't come to the forum without being completely honest.

Lesson to be learned is not to use your name and address in these kind of issues. But, like I said, just walk it off and don't play their game.


Yes, I wasn't aware that the items might be counterfeit, I used to buy them from a gym located in Utah from iOffer, but the user is no longer registered there anymore...

Quote:

Originally Posted by rsot (Post 154154)
I have dealt with attorneys for things - outside of eBay of course but that's all corporate or medical and such.

It is hard when you receive such a letter but you have to go around the forum - these letters ARE SO COMMON. Your action is no action.

As for sellers supposed to know what items are counterfeit or not, for legal purposes - that doesn't hold water. If you read any civil law or corporate law - "Ignorance is no excuse" - sellers are expected to know everything about the product they sell - I am not trying to teach law but these are common rules.

Regardless though, now you know about these kind of products and what you can expect if you don't stop.

Now if you do want to keep generating the cashflow, you start new accounts in different names. Good start is to read Stealth Guide.

You will get more responses from the forum - you have to forget about this and just shred the letter. DO NOT REPLY - your reply will spark their action.

Disclaimer: I am not promoting sale of infringement stuff ha.

So you're basically saying to wait it out and see what happens to me come next Tuesday(which will be 7 days from the day I received the packet)?!?

That's a hard pill to swallow...

GreenBean 07-28-2010 05:53 PM

Quote:

Originally Posted by madsam (Post 153473)
Somebody post a copy of one of these letters, blanking out any personal information.

NO! Forum does not condone vErO. Basic advice gets given. Then any user should and must take expert advice AWAY from the forum.

This is not our field. End of story.

GreenBean 07-28-2010 06:22 PM

Quote:

Originally Posted by DarkShinobi76 (Post 154155)
Yes, I wasn't aware that the items might be counterfeit, I used to buy them from a gym selling on iOffer, but the user is no longer registered there anymore...



It is any buyer's responsibility to research an item being obtained to sell. That you did not do an in depth assessment is on your own shoulders. You saw a quick buck to be made and went for it. Dont protest to get sympathy now you have been caught out. Follow what advice you have been given.
End of your story NOW.:boink:

DarkShinobi76 07-28-2010 08:19 PM

Quote:

Originally Posted by GreenBean (Post 154175)

It is any buyer's responsibility to research an item being obtained to sell. That you did not do an in depth assessment is on your own shoulders. You saw a quick buck to be made and went for it. Dont protest to get sympathy now you have been caught out. Follow what advice you have been given.
End of your story NOW.:boink@

Well, I did inquire from my supplier where they got their stock and what not and they did assure me it was a genuine Beachbody product...

I didn't just go all willy-nilly and just buy it blindly from them...

jeffweico 07-28-2010 08:21 PM

Quote:

Originally Posted by DarkShinobi76 (Post 154199)
Well, I did inquire from my supplier where they got their stock and what not and they did assure me it was a genuine Beachbody product...

I didn't just go all willy-nilly and just buy it blindly from them...

Did you expect the seller to TELL YOU they were falkes???

DarkShinobi76 07-28-2010 08:33 PM

Quote:

Originally Posted by jeffweico (Post 154201)
Did you expect the seller to TELL YOU they were falkes???

Yes, I know I'm stupid... Lesson learned and maybe a bit too late... Oh well, thanks for your input here...

rsot 07-28-2010 09:04 PM

All the best to you - wait it out, don`t panic.

alex786 08-19-2010 07:36 AM

hello every one
i got same latter from jonson and pham about p90x i sold some on ebay and now they demanding me 15,000usd i didnt even make 1,000 doller please help me what should i do have any body pay to them or they tae any body to court please help asps thanks

slapped 08-19-2010 09:37 AM

,,,,,And the Johnson & Pham Body count Rises,,,,

Wait and see if the take you to Court,,,,Most likely they will NOT,,, In the Meantime DO NOT AWNSER ANY of their Requests,,,

rsot 08-19-2010 10:26 AM

And read through the thread alex - when you have numerous Executive members saying not to respond, saying they have knowledge on this, saying to PM them - better accept it at face value. A lot of respect =)

Oh and I am guessing the letter is to your real info? Time to start stealth =)

And if you can't deal with this heat from selling p90x (HIGHLY regulated item), stay low and stay out of the fire ha =) Seriously though, read the posts

I know I am typing arrogantly but you gotta love this line - "please help me" - learn about the law and how to avoid it $

jwvanost 08-19-2010 08:24 PM

I think its kind of odd. I just got this letter from them as well, and I have never sold any type of beachbody product and I don't even know what p90x is.

And i'm following the advice and not responding, but I'm curious why I would get this if I didn't sell their stuff.

Kind of PISSESS me off that Ebay would give them my info but I have bought the book and this will not be happening again.

jeffweico 08-19-2010 08:31 PM

Quote:

Originally Posted by jwvanost (Post 160212)
I think its kind of odd. I just got this letter from them as well, and I have never sold any type of beachbody product and I don't even know what p90x is.

And i'm following the advice and not responding, but I'm curious why I would get this if I didn't sell their stuff.

Kind of PISSESS me off that Ebay would give them my info but I have bought the book and this will not be happening again.

Did the letter say it was for a Beachbody product? They have other clients as well. Your Baby Can Read is another big client of theirs. They also have smaller clients.

slapped 08-19-2010 08:34 PM

They represent Beachbody P90x. Chalean Extreme, Insanity, Instyler By Tre Milano, Levys, and a Whole lot more any of these Ring a Bell?

jwvanost 08-19-2010 10:59 PM

No it actually stated that they were writing me for selling P90x. I just threw it in the delete box, I can't be bothered by there shinanigans!

mememe1972 08-19-2010 11:47 PM

they rep Your baby can read as well do not answer anything

jeffweico 08-19-2010 11:51 PM

Quote:

Originally Posted by jwvanost (Post 160238)
No it actually stated that they were writing me for selling P90x. I just threw it in the delete box, I can't be bothered by there shinanigans!

That is weird. The only thing I can think of is that J&P requested information on someone else selling the P90X and somehow they gave out your information by mistake.

But an email is not an indication that you will be sued by J&P. The only cases I have actually seen them file is when they had an undercover person actually PURCHASE a set from a seller that turns out to be counterfeit.

Since you did not sell the P90X, or any other Beachbody products, then you have nothing to worry about.

alex786 08-22-2010 04:05 AM

hello friends have jonson and pham take any body to court yet im worried i got latter should i worried about it or no please help thanks

SaiJin 08-22-2010 09:02 AM

@Alex786, if you are not in the USA, please use the appropriate flag for your country.
Thank you.

GreenBean 08-22-2010 09:04 AM

Quote:

Originally Posted by alex786 (Post 160729)
hello friends have jonson and pham take any body to court yet im worried i got latter should i worried about it or no please help thanks

alex,

Read this carefully. Dont worry. Ignore the email. Ignore the email. Dont worry.:peace:

topseller 08-22-2010 01:18 PM

LOL I think we have some Johsnon & Phram trolls on this board.

Feds do not get involved unless you move over 5K in product.

Anything less and they will have to bring a civil case against you at their cost.
It usually will cost them 10-15K to litigate in the hopes of winning and then they will only have a civil judgment that they really have no hope of collecting on.

Best advice is to ignore it and don't sell the product again. Or if you do make sure you are totally stealth.

If you are totally paranoid. Make sure you have a joint checking account in the unlikely or off chance situation you are worried about seizure. Also make sure your property is homesteaded.

alex786 09-03-2010 02:20 PM

Quote:

Originally Posted by wanting to learn (Post 152486)
Please is if anyone has any advice it would be appreciated. I really am worried about what to do. Thanks

hello i just wendring what did u do with latter i got one to

Quote:

Originally Posted by slapped (Post 160079)
,,,,,And the Johnson & Pham Body count Rises,,,,

Wait and see if the take you to Court,,,,Most likely they will NOT,,, In the Meantime DO NOT AWNSER ANY of their Requests,,,

hey thanks man i just want to know if they take any body to court and any thing happend im kind of worry i dont understand how can they sue you they dont have info of me thanks

slapped 09-03-2010 06:01 PM

Quote:

Originally Posted by alex786 (Post 163807)
hello i just wendring what did u do with latter i got one to



hey thanks man i just want to know if they take any body to court and any thing happend im kind of worry i dont understand how can they sue you they dont have info of me thanks


The Last time I got one of their Letters asking me for $15,000, I Laughed and threw it out,,,,Almost 1 Year ago,,,

In order for them to Take you to Court They must be able to prove that you sold A Lot of them,, so Do not worry,,,,

alex786 09-06-2010 10:36 PM

p90x
 
thanks for reply brother you also received certified mail my 10 days already pass i didnt do any thing

dhunter0294 09-08-2010 10:13 PM

Let me get this straight, who actually gives Johnson & Pham you're info? Is it ebay or paypal?

slapped 09-08-2010 10:45 PM

Quote:

Originally Posted by dhunter0294 (Post 164765)
Let me get this straight, who actually gives Johnson & Pham you're info? Is it ebay or paypal?

The awnser is Ebay,Because they run the VERO Program,,,,But honestly,,Whats the Difference???


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