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I'm a minor and I sell on Ebay, can I go to court? Law firm wants me to pay $900 to avoid them pursuing me in court. Please help
Houston, TX
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Posted 17 days ago in Copyright Infringement
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I recently receive a letter from a law firm representing Product Partners/Beachbody. They said that I was selling counterfeit P90X dvds, but I never knew they were fake or counterfeit. I never even got to see what I sold, I would sell it then use the money I received to buy it from another site cheaper. Then I would have the DVD sent to the person who paid me. I would keep the leftovers. The people I bought the DVD from stated that they were authentic from Beachbody and I thought they were authentic like stated, but apparently not. They want me to send them approximately $890 to avoid court.
I want to ask what can happen to me? Iive in Houston, the law firm is in California,will I have to fly there to defend myself? Can I be arrested for this? I started doing this at age 15 now I'm 17.
Additional information
No I haven't been doing the DVDs for two years, I've been dropshipping for 2 years. At first I was selling legitimate cellphones from a reputable wholesaler www.uniqbe.com then I started doing the DVDs this year and I didn't make that much money, or at least I think, definitely not up to $900. So I hope you're correct. Thank you for sharing your thoughts. Sorry one last piece of information, I stopped selling the P90X dvds a couple of months before I receive the letter(which was today). Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted 17 days ago.
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What can happen to you, after 2 years of trafficking counterfeit goods. Hmm, let's see, you could be prosecutedor civil and criminal trademark infringement and selling counterfeit goods, and if your conduct was willful, seek puntitive damages, attorney's fees, and treble damages, plus disgorgement of all your profits, costs, and an injunction so a court will order you not to do this anymore. And then there are the criminal penalities, monetary and jail time.
You'll say you had no idea, that you thought that DVDs that cost $1 each were genuine, and hey, you're just a kid, you didn't know they were fake. No one will believe that, but a court would take your age into account. On the other hand, a court would also take into account that you did this for 2 years. That's what COULD happen. Will CA lawyers make you come to CA to defend yourself? No, they have to sue you where you live, but they know where you live and they can easily hire TX counsel to sue you and make an example of you. Will they? I doubt it, unless you did a really big business in counterfeit DVDs. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
