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liable for trademark infringement?


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Posted by Sean Doe on December 17, 2002 at 19:14:47:

Dear Mr. Auslander,

A friend and I have been selling on Ebay for about a month now. The majority of our products came from a wholesaler who assured us that all his products were 100% authentic. I even took a sample to a retail store that sold this item and even the store employee told me they are authentic.

As you may well know, Paypal has been bought out by Ebay, and I assume they are essentially one company now. Anyhow, Paypal contacted me last week via email, asking for several documents to confirm my identity (credit card/bank statements, photo ID, and utility bill). Access to my Paypal account was restricted until they received this. I complied by faxing all the requested information, as they said it was a random screening for accounts with high activity.

Yesterday, one of my customers emailed me and complained about the product not being authentic. She said she took it to a retailer and they also said it was not authentic.

Today, Paypal contacted me again via emial and said they need more information to further investigate my account. They now asked me for an invoice of the products I am selling. The wholesaler gave me a handwritted receipt, but no real invoice.

My question is this:

If in case the merchandise I have been selling is counterfeit, will I be liable for trademark infringement, even if I myself was mislead?

thanks alot,

Sean Na




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