Re: Re: liable for trademark infringement?

Subject: Re: Re: Re: liable for trademark infringement?

Comments:
: : : 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, : : Without research, I do not think they can do much to you. You ought to know what you are doing. YOu don't have to respond too them just because they ask. : : If you are introuble, you are giving them the evidence they need. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : ELAINE's Workshop?: E arly L egal A dvice I s N ot E xpensive?: Reality Check? : Dear Mr. Auslander, : Thank you for the quick response. I still have a dilemna. My account remains frozen with a large sum of money, and until I provide them with a printed invoice, I will not see my money. : You talked about not giving them the evidence they need. I already faxed them a photo ID and a bank statement. Is this evidence enough to take action? On what grounds can they press charges anyway? : I found many interesting things about PayPal, and the problems many customers with similar situations are facing. It seems as though many people are having their account "frozen", never to see their money again. If you have the time, would you please read a paragraph or two from this link I included? Do you think I will ever see my money again? : Thank you so very much, : Sean Doe

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