Need help = letter from attorney

[wanting to learn]

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]

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

[jeffweico]

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]

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]

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

[rsot]

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]

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

[oompaloompa]

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]

Ignore - just don't repeat what caused it.

[discovery]

Originally Posted by wanting to learn

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

Originally Posted by jeffweico

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]

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

[DarkShinobi76]

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]

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]

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]

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]

Originally Posted by rsot

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...

Originally Posted by rsot

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]

Originally Posted by madsam

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]

Originally Posted by DarkShinobi76

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.

[DarkShinobi76]

Originally Posted by GreenBean

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]

Originally Posted by DarkShinobi76

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]

Originally Posted by jeffweico

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]

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