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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

Has anyone received a complaint for trademark infringement, counterfeiting from SoClean, Inc.   on 8/30 ?

 

They have named over 300 eBayer's in their lawsuit. I'm hoping someone with knowledge and legal experience can come forward and offer legal advice on how to "answer" these claims [see Case No.: 21-cv-3954]

 

I wonder if we all filled our answer jointly [if that's possible] and make life easier for all concerned 

 

Message 1 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

We can’t find a lawyer to take it we sold 6 of these what has your lawyer told you

Message 2 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

I just got a notice today from eBay.  Never listed or sold their products.  Any more news on this?  Sounds like a shakedown.  I'll try calling SoClean to see if they even know about the lawsuit.

Message 3 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

Got only a message today from eBay, did not receive anything in the mail. Have you guys attempted contacting the email provided? (rishi.nair@keenerlegal.com) Please let me know, anything would help. Thanks

Message 4 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

Found some additional information to those who are involved/interested, by the looks of it this is the same lawsuit but perhaps for people located in the United Kingdom filed in 2020. https://sellerdefense.cn/wp-content/uploads/2021/05/keener-20cv6288-soclean.pdf 

Attached above is a submitted default judgment for what appears might be the same thing we have received,   this judgment was entered against all non-answering parties (Defaulting parties). They list below what judgment they seek and its pretty excessive.

Please check it out 

EDIT: It's not only people located in UK its around the world

Message 5 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

Stop selling counterfeits I guess.

 

I hope you have receipts from authorized distributors. Could get ugly. 

Perhaps they bought the product because they suspected it was counterfeit. And to have your information.

 

 

Message 6 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

Ugh, I got this notice from ebay today. I've never sold anything that was branded as a soclean product.

 

I've never sold anything that could be confused as a counterfeit  soclean product except by whatever braindead AI EBay's VERO program uses to serve up it's sellers to these trolls.

 

EBay sucks so much.

 

I guess I'll need to open a new bank account that PayPal doesn't know about to keep my meager finances safe.

 

Unbelievable

Message 7 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

here's a link of soclean going after some other company:

 

https://insight.rpxcorp.com/litigation_documents/14157062

 

apparently soclean thinks its filters are protected by "trade dress".

 

BUT this website: https://www.upcounsel.com/trade-dress

 

says that the first step in proving trade dress infringement is proving that the trade dress is not primarily functional, which a filter is.

 

Message 8 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

These people have been successful before using the same format and procedure in the same courts - hence, the first thing to do is to respond to them so that they cannot get a default judgement against you for lack of response to the complaint - which I have to the email address provided by eBay (today). 

 

I am hopeful that this is not too late given first contact was about 10 days ago via e-mail. 

 

I ignored the first contact sent to my email (outside of eBay) because the documents looked like they were done by a high school student where some of the attachments referenced Lucky Brand Jeans so I was suspicious that it was a foreign phishing scam.

 

Additionally, I am skeptical that a default judgement can be issued without proper proof of service, which I previously doubted could be proven by sending an e-mail and not a physical notice via USPS or by use of a process server - however, I am not a lawyer. It appears, however, by reading other documents related to the previous judgement, that notification by eBay (which was done after they presented eBay with a court ordered preliminary judgement) is actually good enough for the Illinois courts.

 

Bottom line is you need to make contact with them to avoid a default judgement being issued and then lets see how they are going to deal with this matter. My assumption is this is going to cost us some money to make it go away and settle OR it's going to cost us some money to fight their claims.

 

For me personally, I'll probably pursue the cheapest avenue as I did sell some of these filters I obtained from an Amazon Returns Pallet...which is probably the same case for many of us and flipping was done without malice (which does come into play for determining damages but not if we are guilty - not knowing the product was not genuine, sadly, is not an excuse). 

 

Did I just admit guilt? yes....does it matter, no...they bought from us and that's how they got our contact information. Fighting them saying it ain't so or that the product was legit is a tough challenge since they are the rights holders and the courts will take their word over ours no matter what.

 

If someone disagrees with my 2 cents, more power to you but if you don't want them to cause you a ton of pain (which it appears these people are more than willing to do) you/we need to start a discussion with them and come to some solution.

 

 

 

Message 9 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

and, btw, am I **bleep**-off? hell yes. They issued a VERO and my listing was removed (I didn't relist and destroyed the handful of product I had in my possession) and that was well over a year ago. That SHOULD have been sufficient to show that my actions were unintentional.

 

Going after people in my (or similar) situations is just downright egregious as we are not the people manufacturing or importing this stuff....we just got sucked into the world of knock-offs on accident and damages are $30 a kit as they sell them directly for that price https://www.soclean.com/soclean2/product/cartridge-filter-kit-soclean-2 with free shipping.

 

What sucks the most is if you look on eBay right now there are literally hundreds of unofficial filters listed.

Message 10 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

I got the same notification and email from 08/30.  I hadn't opened the files until now... seems weird you cant actually call anyone....

Message 11 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

I got the same notification. But when I look up the case number in the email on the Illinois court website nothing comes up

Message 12 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

I agree that no being able to call them is bizarre. I did find the phone number for them. zit is 1-312-523-2164 (Keener & Associates is their firm).

Message 13 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting

Small typo. I meant to type it is and it autocorrected to zit is for some reason.

Message 14 of 37
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Soclean2 has filed a complaint against over 300 eBayers for trademark infringement / counterfeiting


@superfectabox wrote:

and, btw, am I **bleep**-off? hell yes. They issued a VERO and my listing was removed (I didn't relist and destroyed the handful of product I had in my possession) and that was well over a year ago. That SHOULD have been sufficient to show that my actions were unintentional.

 

Going after people in my (or similar) situations is just downright egregious as we are not the people manufacturing or importing this stuff....we just got sucked into the world of knock-offs on accident and damages are $30 a kit as they sell them directly for that price https://www.soclean.com/soclean2/product/cartridge-filter-kit-soclean-2 with free shipping.

 

What sucks the most is if you look on eBay right now there are literally hundreds of unofficial filters listed.


I clicked on the link you provided to read what Soclean is.  I was immediately sent a message from them with advertisements.  How is it possible or legal that they accessed my computer to gain my messaging information?  Is this what is meant by being Hacked?

Message 15 of 37
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