Update to sued for patent infrigement, SELLERS, PLEASE read> IMPORTANT

[aviator3141]

UPDATE TO SUED FOR PATENT INFRINGEMENT, ---RESELLERS BE AWARE.  Thank you all for your responses.  After much research I have updates.  This is a "SAD Scheme"  (Please look it up, YOU NEED TO KNOW)  It is real.   It is basically legal extortion.  The way it works is hundreds of resellers are named in a complaint under schedule A. The case is sealed and you only find out about it after the fact. Your accounts can be frozen with a TRO before you are served.  Service is through email, which is legal and most assume it is a scam.  That is their hope, if you do nothing and not answer the complaint with the court clerk you will lose by default after 21 days and a judgement will be issued against you.  There is nothing you can do at that point except pay. Their other money grab to settle for whatever amount they can get. Unfortunately, most will settle out of fear. They first offered to settle for 1500, now down to 800.  I am NOT giving them a dime and the settlement paperwork you have to sign admits guilt and you give up rights for any action on your part and your right to discuss the case. I am not giving up my rights. I did nothing wrong.  I am not only fighting this for myself, I am also fighting this for YOU the small reseller. Currently there are hundreds named in this complaint(lawsuit) and they don't know it, unfortunately as some as stated here pay the settlement because they are scared and just want it to go away.  That is their plan.  The more I learn about this legal manipulation of the law, the more PO'd I get.  If you are an influencer or youtuber, contact me, we need to put a stop to this legal extortion.  The last option in this complaint is they requested a jury trial. I honestly doubt that would ever happen,  I think they will extort as much $ as they can as described above and then drop the case after a period of time, I could be wrong, just an opinion.  Again, I am a senior citizen living on social security and what little I make on ebay.  If you would like, offer advice, help or get involved please let me know.  This affects all of us.  Thanks

[tobaccocardyahoo]

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@aviator3141 wrote:

  The last option in this complaint is they requested a jury trial. I honestly doubt that would ever happen,  I think they will extort as much $ as they can as described above and then drop the case after a period of time, I could be wrong, just an opinion. 

You probably are correct. If you have not consulted a lawyer do not be surprised when he estimates that going to trial will cost you about $150k, and if you lose you will have to pay your opponent's legal fees as well as any judgement.

You will not be able to win this in the court of public opinion. Patent trolls are real, and often have a reasonable basis for their claims, which means that a judge will let a case proceed. As you see, they have a significant number of defendants to amortize their costs over. So they will cost you money if you resist, well before you get into a court.

[theteamsetguy]

While it is admirable that you want to fight this for others and yourself. 

My advice is if the settlement offer becomes reasonable I would write the check and move on. If it does become a judgement it will show up on your credit report and your credit score will be severely impacted. Once your score drops you will pay higher interest for loans and worse get declined. Even if your interest rate is 4% higher for a car loan because of the drop in credit score for a car loan you are going to end up paying more than $2,000 on a 5 year car loan.

You won't be able to get mortgage for example. If you already own a home there will be lien put on the property clouding the title preventing you from selling it unless it gets paid at before closing.

No title company is going to insure title with a outstanding judgement.    

[dbfolks166mt]

     I wish you the best in your battle. Can you remind us again what this item was? There is a reason they publish books like this. 

[silverstatetreasureboxes]

@aviator3141 

Contact the American bar association,  see if your local senior center or Veterans center ( if app) can offer any assistance. 

    You can contact your local news station, most have an investigation agent on board that will dig into this story and often get results when others can't. 

[dnasilver]

Service through email is only legal if the party has consented. Otherwise email is meaningless. 

[dhbookds]

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@dnasilver wrote:

Service through email is only legal if the party has consented. Otherwise email is meaningless. 

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that's what most of us "think"..........

If you read the articles about this "Sad scam"........the court has approved email notification.......which is what makes this so dangerous.......  Most us would think the email is a scam, but apparently the court is finding judgements against sellers if they don't answer in 30 days.......

google SAD if you want more info........

[silverstatetreasureboxes]

@aviator3141 

I did read it on the bytes

https://www.ecommercebytes.com/2023/07/16/small-sellers-are-getting-swept-up-as-brands-weaponize-the...

[dbfolks166mt]

Service through email is only legal if the party has consented. Otherwise email is meaningless. 

that's what most of us "think"..........

If you read the articles about this "Sad scam"........the court has approved email notification.......which is what makes this so dangerous.......  Most us would think the email is a scam, but apparently the court is finding judgements against sellers if they don't answer in 30 days.......

google SAD if you want more info........

     This beg a couple of questions. First eBay is considered the merchant of record under managed payments why are they not the target of the lawsuit? Secondly one has to wonder why there are so many Chinese sellers still active. Probably simply because China laughs at the US legal system and counterfeits about anything you can name or think of. There are a number of other countries that also fall into that arena. 

     Maybe Shakespeare got it right when he said "The first thing we do is...............................”

[team-mms]

Hello from Mexico! also Im Mexican

This happened to me on  october 3 2023, they freezed my ebay payout my paypal account 

Paypal with $0.00 

ebay payout with $300 but! some of these were recent sales of items, I didnt send when this trash happened so, I refunded those users and reduced to $111
The scammers dont know that here in Mexico, due to money laundering your PayPal account its always  on $0.00

If you receive a payment it will be there for 3 minutes moreless and automatiucally will fly to your bank account.

I wrote to the mail on the ebay notification asking them what happened? they replied fast with the very first lines: Please confirm that your PayPal account is on $0.00  they want $2,000 to end it.

Wrote them back, offerin them $100 bucks, blaming that I went broke due to thios, they wrote back telling me " My client declines and he downgraded to $1500, replied again with the same argument As today I can give $100 tomorrow? I´dont know?

So, assuming I get dismmised,  will my account be liberated?  time? its a 24 year old ebay account

regards

[hobbykollectibles]

I’m a seller in Hong Kong but register in US eBay, I sell mainly vintage model kits and watches/misc items(Most of them are my personal collections purchased long time ago and some are brought from toys website), I sell them now to made some money for my family. All my listing are authentic and original, don’t know why it will be involved into a trademarks/patent case - last night my account had been freeze due to the following case:

Court Order Details
Court: U.S. District Court for the Northern District of Illinois
Plaintiff: Toho
Trademark/Copyright/Patent at issue: Godzilla Trademarks and Copyrights
Court Case Title: Toho (23-cv-14720) v. The Partnerships and Unincorporated Associations Identified on Schedule “A”.

It’s about “Godzilla” and I have 5 vintage Godzilla soft vinyl kit for sale. I had contact local eBay CS and he just can do nothing and tell me to contact the plaintiff’s attorney and see what’s going on.

Please help and kindly advise what to do, I study some other case seems they are just asking for money(It’s a large sum of money to me!!!) But I doubt if pay for 1 time they will ask for the 2nd/3rd….because it may be any brand(ie.: I see many other not famous brands are also included) I also worry if the case does not settle eBay will suspend my account forever…

Please help & advise what to do and thank you very very much!!! All your opinion would be much appreciate!!