Legal Question in Intellectual Property in Oregon

I purchased items for a wholeseller without realizing they weren't authentic and sold them on ebay. Ebay then asked me to submit proof of purchases. I did so. Next I get a letter from Zumba telling me to stop selling and that they intend to sue me. Upon recieving the letter I contacted the seller and the seller said they weren't an authorized dealer. I had already stopped selling before the cease letter. I can't afford a lawyer. I was simply ignorant and am learning the hard way. I have since talked to ebay and have been redirected to find authorized wholesellers of other products. I had no intent to infringe on their trademark. I am a zumba instructor and have rights to use the name. I looked up zumba wholesellers and Allibaba popped up. I thought, " Wow. good price and bought some." What do I do now, since I am broke.

Asked on 6/24/11, 11:35 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. You can work out a settlement and payment schedule with Zumba, after explaining the circumstances. The good thing in your favor that may persuade them to cut you some kind of break is you are a Zumba instructor. Or you can let them sue you and file for bankruptcy. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 6/25/11, 10:10 am

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