California  |  Intellectual Property

Legal Question

Asked on: 4/30/13, 6:12 pm

Let me explain my situation.

I bought those lifeproof cases from a china supplier, and resold them on eBay. About 2 weeks after the sale, eBay removed my listing and informed me that I was selling counterfeit products. Then I have took down all my listing and stopped selling.

Today I received a cease and desist from Clement & Ho, saying that they are ready to file a lawsuit against me. They included a list of complains that they have filed.

I really need your help and advice. Thank you in advance.

1 Answer

Answered on: 5/01/13, 1:28 am by Charles Perry

You need to meet with a lawyer who is capable of defending you against this lawsuit. There are a number of us on LawGuru that practice in the IP infringement area.

If the products infringed upon another parties' IP rights or you were selling counterfeit products, then you have exposure to liability. Your exposure may be based on the profits you earned from the sale of the products, but it is not yet possible to tell. It is likely that a letter will need to be written to the law firm explaining your side of the case. You should also be getting ready to defend against the claim.

I strongly urge you to hire a lawyer. The research tends to show that on average, a self-represented litigant does significantly worse in a case than on represented by a lawyer in areas where the matter is relatively complex.

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