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Re: Re: Re: liable for trademark infringement?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on December 19, 2002 at 01:50:58: In Reply to: Re: Re: liable for trademark infringement? posted by Sean Doe on December 18, 2002 at 04:16:52: : : : 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 : Dear Mr. Auslander, : 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, Dear Sean Doe, Even if you are right you are wrong. If you don't get you money back from Paypal, even if they owe, it can cost more in legal fees. If you have been conned, it may be harder to get the money which is not that easy to get back. Without taking professional responsibility nor doing research, I think that there is a liability for selling counterfeit merchandise but, if it is done innocently, then you will be dealt with more lieniently. I do not know what would have happened if you had legal advice earlier but our service mark ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ proves its merit here. I wish you the best of luck. M. Arthur Auslander
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