Legal Question in Technology Law in California

Hello I put some name brand iPhone cases for sale on eBay thinking they were original when I purchased them but they weren't eBay canceled my listing cause of trademark violations please help

Asked on 1/20/11, 12:59 am

2 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

I've represented several clients with a similar situation. You are very fortunate if the worst thing that happened was that eBay policed its site and canceled your listing. You could have been sued by the company whose trademark was being misappropriated. When that happens you end up facing a lawsuit backed by a large company (with some big NY law firm) with a lot of money that wants to make a point. While I've successfully negotiated very reasonable resolutions for clients in this situation, it is not a pleasant experience to say the least! (And they had to pay me to negotiate a way out.) One reason I'm answering this question is as a warning to others out there in your situation. There are a lot of companies out there trying to get you to buy things from them (not directly from the manufacturer) and will tell you its a way to make money. It's usually a scam to get you to offer knock-off goods. The folks that sold the goods to you are probably in China or Canada and are hard to reach so the manufacturers wanting to protect the reputation of their goods are starting to sue the naive folks that get caught in this scam to try to reduce the incidences of misappropriation. Worse yet, a recent case ruled that eBay doesn't have to police its site so they won't get sued - just YOU.

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Answered on 1/25/11, 10:27 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What kind of help do you need? Someone to defend you against the trademark infringement suit that may be filed against you soon?

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Answered on 1/26/11, 12:30 pm

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