Legal Question in Intellectual Property in Florida

I purchased a P90X system on ebay and later tried to resell it on ebay (I purchased as a gift and received it late). Several days after I listed the P90X system on ebay, my listing was removed citing copyright issues. Ebay suggested I contact the P90X rights buyer for more info, which I did - and apparently the P90X I had purchased and relisted was a fraudulent copy (I had no idea it was a fraudulent copy). I never sold the P90X system, but have now received a letter from the attorney of the rights buyer stating I owe $800+. The letter also asks me to not contact the attorney but I have 10 days to complete an affadavit and send the check. The individual attorney is registered with the California Bar Assoc, but the firm's website only says coming soon. Is this legit? Can I be charged for unknowingly listing a fraudulent copy of something on ebay (again, I never sold this item)? I live in Florida and the attorney is in California.

I also contacted both ebay and PayPal to report the fraudulent copy from the seller I purchased from, but because I had already filed a complaint for late shipping, they could not reopen the case.


Asked on 10/28/09, 4:38 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I would have to look into this issue further to give you a useful answer. You should retain an attorney to look into this before you submit an affidavit or a check.

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Answered on 11/02/09, 5:00 pm


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