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  • Trademark Infringement / /Copyright / VERO Issues - Cease & Desist letters

    If you have received a Cease and Desist letter, or a threat of lawsuit: I have handled this issue for many clients recently. My technique makes it so that you pay them nothing. To date, I have not had a SINGLE CLIENT who ended up having to pay a dime, or with any liability. I have a method that makes them give up on you whether they have you located and identified or not. My techniques make them lie down and stop bothering you legally - without the need to hide or worrying about whether they will try to trace you.

    General thoughts that might be going through your head:

    KEEP IN MIND THAT SIMPLY IGNORING THE DEMANDS YOU HAVE RECEIVED COULD BE THE WORST THING YOU COULD DO. My techniques are the best way to deal with Johnson and Pham, Gibney, Anthony & Flaherty, Phillips, Ryther and Winchester, Clement & Ho, or any other attorney firm that has contacted you demanding payment for alleged trademark, copyright or other violations.

    In SOME cases - You are somewhat right about not having to worry about being sued - I mean they need a real person and a real address to file the lawsuit and serve you. But if they really wanted to get at you, they could file the lawsuit against a John Doe, and then demand that EBAY or Craig's List cough up your ISP and go from there with more subpoenas to unearth you. This sort of thing is done all the time to track down software and music piraters who use Limewire, etc.

    They can also track you through the people you sold to, if you gave them a real return address and so on - and the payments methods (follow the money). Another common way they track you is because, unwittingly, YOU HAVE ALREADY SOLD TO THEM! and they have documented proof of your transgression.

    As well, U.S. Customs often works with these firms, to document your importation of VERO goods.

    And big companies will sometimes sue anyone who does not "cease and desist" no matter how small time you are. If its just some competitor, then he would have no standing to ask you to cease and desist unless he has been assigned the trademark rights, which is unlikely. If you follow what I am saying, it is that only the trademark holder or someone with similar rights, such as a wholesaler with exclusive rights to sell or some other right in that area that you are violating, that can demand that you cease and desist in the first place. They must have standing - some legal right that you are violating.
    Please read the forum rules before you post.

    And if you need extra help:
    Modee Tech Support

  • #2
    I got a cease and desist on a registered trademark belonging to someone else, that I had been using on one of my products for years. But, at the end of the day, there really was no question that this company's use of the mark predated mine, which is the primary legal test. Also, there was a serious likelihood of confusion - peeps were always calling me up and wondering if my product was the same as theirs, which is the second most important test.

    But, instead of just lying down, I opposed them vigorously. I responded with various legal arguments, all of them credible, about how there really was no likelihood of confusion, and that at worst the mark they had registered was weak and really more of a descriptive mark at best. Anyway, without getting into details, just came back at them repeatedly with letters about how they were wrong and I was right, and that at the end of the day I would prevail and squash their mark.

    Also, I pointed out how they would have to sue us locally and come all the way across many states to where we were for the action. And I delayed my responses 2 - 3 months each, thereby dragging the whole thing out. Finally they just gave up - I mean their final letter was "we beg to differ" but they did absolutely nothing and it has now been almost three years since they first wrote to me saying that I would "save myself a world of trouble" if I would just lie down and stop using the mark.

    Funny thing is - they actually stopped manufacturing their product recently and now I am the only game in town. I am moving to CANCEL their mark, lol, on the basis on non-use. Maybe they realized all along that their market share was dying, so they didn't have the stomach for an all out fight.
    Please read the forum rules before you post.

    And if you need extra help:
    Modee Tech Support

    Comment


    • #3
      Fighting Trademark/VeRo - WON at the END

      Hello , Guys - I think this post will be of big use for you ! Just to tell you - a year ago I didn't no much about eBay ( let's say - I knew nothing ))) ) , but from this time till now I am working with the master mind MoDee on every issue I need and this is the case I want to explain and show you about ! Recently I received a MC019 Violation , but which at the end of the massage were addressed to the VeRo Owner if I need more information on this case ! The items I am selling are 100 % authentic in this particular issue and I contacted MoDee for this case ! All went the best I can expect with his help and finally I have proved in front of the VeRo Owner my intentions in selling this authentic goods and then this VeRo member contacted eBay and just check out what eBay have written to me at the end ! CASE CLOSED :

      MODEE IS THE ONE WHO HELPED ME ON ALL THIS. HE REALLY KNOWS WHAT HE IS DOING!

      Subject: VeRO - your item cancellation from September 7th 2009(KMM5308096I15977L0KM)
      From: "eBay Deutschland Customer Support - veri.de" <veri@ebay.de>
      Date: Mon, 14 Sep 2009 04:40:34 -0700 (MST)
      To: <**********@gmail.com>

      Dear Hristo,

      Unfortunately the rights owner, ******************** , who reported
      your listing as infringing upon his rights, has informed us that he has
      made a mistake. We would like to apologise for any inconvenience the
      ending of your listing may have caused and hope you understand that we
      are legally obliged to end any listings reported to us by rights owners.

      Please relist your listing.

      Should you have any further questions, please contact the rights owner.

      Regards,

      Stefan Wolkner
      eBay VeRO Team
      ______________________________

      eBay
      Your Personal Trading Community (tm)

      *******************************************

      Important: eBay will not ask you for sensitive personal information
      (such as your password, credit card and bank account numbers, Social
      Security numbers, etc.) in an email. Learn more account protection tips
      at:

      eBay - Page Not Found
      _____________________________________________

      For our latest announcements, please check:

      System Status Announcement Board
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      Last edited by magnificent.time; 09-16-2009, 07:54 PM.

      Comment


      • #4
        I am glad it worked out for us! There is a tried and proven formula to tackling most VERO situations, and this is the method we use in "VERO tech support." Thank you magnificent.time also for your kind comments!
        Please read the forum rules before you post.

        And if you need extra help:
        Modee Tech Support

        Comment


        • #5
          HELP - Trademark Infringement

          Hello all

          I am new to this site and was wondering if anyone could help me out here.
          I recently purchased a pallet of microsoft/apple returns which was absolutly brilliant.

          In the pallet there was a bag of earphones. Within the bag there was a Dr. Dre Monster Beatz earphones which retail around £120 brand new. I listed this as a used item on ebay explaining this came loose with no extras or packaging.

          In 2 days i had 22 watchers and 10 bids (which was really exciting), until..................... i received a message saying i had a trademark infringement and my listing was removed. I contacted the person in charge of the vero within the message explaining how i came across these earphones and they replied asking for a receipt from the apple store, which i am unable to get. I replied politely and professionally re-explaining the source of this item without giving the wholesaler name. I have not still received a reply from them yet, however after 2 days of joining amazon and listing them they sold for an amount i was happy with.

          Today I have had another listing removed for a pair of sennheiser earphones and have been told i cannot sell anything now for another 7 days, again due to Trademark Infringement.

          All the items are 100% legal, just used and i always explain the condition clearly in the listing.
          Can someone advise me on either how to battle this or what to do before anything worse happens for selling legitmate goods?

          Would really appreciate it.

          Thanks

          Adam

          Comment


          • #6
            Your items are all counterfeit. This does not mean you cannot sell on EBAY, but you need private tech support to address this serious issue.
            Please read the forum rules before you post.

            And if you need extra help:
            Modee Tech Support

            Comment


            • #7
              Help can they close my ebay account?

              Thank you so much for reading this. I recently set up a canvas printing business and made a mistake by using one photo I found on google images and listing it as a canvas. Big regret. I had the listing online for a bout a week and then when I sold one and then the next day recieved an email saying:

              'Item ...... uses client ....... copyrighted photograph. We do not have record of a license being issued. Please provide a copy of a valid license by January 4, 2010. If you do not have a license, we will assess a onetime retroactive fee of £250 to settle the infringement. NOTE: Removing the item DOES NOT eliminate your financial or legal liability, and we will file a formal VeRO complaint with eBay and PayPal if the claim is not resolved'.

              I removed the listing and contacted the customer and explained the situation and then refunded them straight away as I had not made the item. As a result I have not actually profited from the photograph.

              I have heard that there are many dodgy VeRo members and that he has left a foreign telephone number and his email address. I messaged him explaining I had refunded the customer and he said nothing just that I can pay the money via paypal or bank transfer. Should I pay? Or should I take the risk of having a VeRo complaint? Also will that close my account? I am just worried that I may lose my ebay account if I do as I am a new business and really cannot afford to start over again.

              I really hope you guys can save the day and put my mind at rest.

              Thank you so so much

              Rebecca

              Comment


              • #8
                Acct suspended copyright violation, was selling real windows 7 keys

                Hey guys my account got suspended for 7 days due to me selling real authentic genuine windows 7 ultimate keys, had tons of satisfied customers, they said the keys weren't illegal to sell, it was due to the fact of me selling the keys allowing someone to use copied software to install the keys, i think its such bull, but would appreciate any answers or help I can get to get back on asap!

                Comment


                • #9
                  Sale of software such as Microsoft keys is highly illegal - there are NO exceptions

                  This is a very common situation. I was actually going to guess that you sold pirated keys or counterfeit software. I have helped quite a few people, including one from ________, get past this limitation. First of all, you have to realize that no one is authorized to sell "keys" except for Microsoft itself, and only then, to activate the demo version of the software that they have sold. There is absolutely no other situation where anyone may sell the keys standalone.

                  Even, for example, the keys attached to a laptop must be sold only with the hardware, not separately.

                  In any case, most of the time this is not the source of the keys - they usually come from someone in a corporation who received a multi-user license and then has sold the key # into the marketplace.

                  The fact that the keys "work" means absolutely nothing. They remain illegal to sell.

                  In other words, there is no one on the earth who sells digital versions of MSFT software, other than Microsoft. Sale of the keys you are selling is HIGHLY illegal, and in some countries, PayPal is starting to threaten referral for prosecution to anyone who admits to them that they are selling such things.

                  There ARE ways to sell such things "under the radar." I offer a tech support on this. But going around and telling PayPal or Ebay "I sell keys, they are authentic" is just asking for MAJOR trouble.

                  There are always ways, through tech support, to overcome a limitation for selling such items. I have done this for many clients recently. But trying to claim that what you do is legitimate is NOT the way to do it!
                  Please read the forum rules before you post.

                  And if you need extra help:
                  Modee Tech Support

                  Comment


                  • #10
                    Johnson & Pham - P90X Insanity Training Set - Product Partners LLC

                    I have provided tech and legal related support for several clients lately to help them get out of the jam that occurs when they are contacted by this firm, threatening to sue them for copyright and trademark infringement!
                    Please read the forum rules before you post.

                    And if you need extra help:
                    Modee Tech Support

                    Comment


                    • #11
                      Johnson and Pham Demand Letter / P90X

                      I sold 3 P90X sets on ebay a few months ago and received a Cease and Desist / Demand Letter from Johnson and Pham demanding $893.16...I ignored their email and have recently received the same letter through the USPS with the same demand. The subject of the letter is Re: Sale of Counterfeit P90X Products...I have ignored both to date, and not sure if I should pay it or not?

                      Comment


                      • #12
                        You need tech support to address this very serious issue. Send me a private message (PM).
                        Please read the forum rules before you post.

                        And if you need extra help:
                        Modee Tech Support

                        Comment


                        • #13
                          Originally posted by Modee View Post
                          I have provided tech and legal related support for several clients lately to help them get out of the jam that occurs when they are contacted by this firm, threatening to sue them for copyright and trademark infringement!
                          I received an email from this company yesterday and need help. What is more scarey than the money is them asking me to supply them with all information about what I bought, who I bought it from, how much I bought, etc. Is there anyway for them to find all of this out. With the information I provide will they pursue a lawsuit? I only sold these products for one week but I did purchase a fair amount of stock from overseas. I also sold some on Amazon and am afraid that may be the next shoe to drop as they are reviewing my account due to too many sales without much feedback. I realize now that just because hundreds of people are selling these items on Ebay this was a terrible decision on my part. I wish I had a do over. Thanks

                          Comment


                          • #14
                            Progress

                            Originally posted by dallasmarket View Post
                            I sold 3 P90X sets on ebay a few months ago and received a Cease and Desist / Demand Letter from Johnson and Pham demanding $893.16...I ignored their email and have recently received the same letter through the USPS with the same demand. The subject of the letter is Re: Sale of Counterfeit P90X Products...I have ignored both to date, and not sure if I should pay it or not?
                            I'm on the same boat. Just wondered what happened to this case? Did you pay and if so what happened? Did you not pay?


                            Thank you very much!

                            Comment


                            • #15
                              Tech support is the solution.
                              Please read the forum rules before you post.

                              And if you need extra help:
                              Modee Tech Support

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