www.intelproplaw.com | www.intelproplaw.com |
|
Re: liable for trademark infringement?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on December 17, 2002 at 23:31:09: In Reply to: liable for trademark infringement? 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 Dear Sean Doe, If you are introuble, you are giving them the evidence they need. M. Arthur Auslander
|
www.intelproplaw.com |
The Intellectual Property Law Server Old Trademark Forum |
www.intelproplaw.com |