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Counterfeit P90X

California |

With regard to the P90X questions on this website.

The law firm is alleging that counterfeit DVD's were being sold on eBay Does the law firm have a legitimate case without an actual hard copy of the DVD?

Are they allowed to ASSUME the DVD's are counterfeit just because the DVD's are only available from the website and through infomercials?

How much weight would these assumptions have in court?

------------------------------------------------------------------------------------------------------------------------------------ They are claiming that trademarks and copyrights have been violated. The images of the auction may look like their own images. What kind of damages can they receive if they can prove that their trademark images were used?? If you sell something can't you take a picture of it even if the picture is of a image that is copyrighted?

Attorney Answers 1


Ultimately they do have to prove that the DVD's were counterfeit, yes. There are ways to do that without having the actual hard copy of the DVD, however. That does not mean they will be able to. Furthermore, even if the DVD's are only "available" through certain "approved" sellers, they have no right to prevent anyone from reselling the DVD once he owns it.

Your question ultimately will not be able to answered until you say whether or not the DVD really were counterfeit or not, and you lay out -- ideally to an experienced attorney -- all the facts and circumstances.

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