Lee Law email

[shopmilaruby]

I received an email from ebay that i violated vero policy for otterbox cases that i had listed so they took them down. That is perfectly fine, i was unaware of it, wont ever list them again. About a week later i recieve an email from Michael claiming to be from Lee Law Services accusing me of selling counterfeit otterboxes. That i need to mail any remaining that i have in possesion and to pay them $750 to settle. They looked real to me, they still are in their original packaging. I listed them as used cause the packagings had some wear. I tried to explain to him that i was unaware of them being counterfeit or that i was not allowed to list them on ebay. I explained to him that we are a small family business just trying to survive that $750 is a lot of money for me, to please reconsider, but he stands firm and expects me to pay by tomorrow (Friday) or else fee will be higher….i don’t even know if this is real or a scam…what do i do? Anyone in this situation recently? I had a total of 8 cases, 3 of them sold, received them as a drop off along with other items in a box at our thrift store location about a month ago. Most of the items that we resell are from online auctions of return items or estate sales, storage units, & donations that people make. Please someone HELP!

[tobaccocardyahoo]

This news article is on the Lee Law Website

https://www.leelawservices.com/otterbox-continues-to-file-lawsuits-against-ebay-sellers/

[stephenmorgan]

Get you an attorney and find out what to do.

You could refuse to pay but be prepared to answer any court proceedings.  This is where people usually loose, they fail to answer the court an loose by default.  As stated, they have to prove you sold counterfeit products.  Can they prove this? If they can not you sue them for attorney fees.

[inhawaii]

How many did you sell?

IF they did take you to court, which I doubt, what would the damages be?

Unless you sold hundreds or thousands of them, I wouldn't worry about it. 

[shopmilaruby]

I listed a total of 8, sold 3…

[inhawaii]

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@shopmilaruby wrote:

I listed a total of 8, sold 3…

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I wouldn't even worry about it...

[tinsoldierunderground]

Michael Lee does in fact represent otterbox, as well as a plethora of other large companies in this arena.  It's all on the Lee Law Services website.  It's no joke. 

[jenpicked]

Throw them in the garbage now.  Make sure ebay deleted your listing, and if not, delete it yourself.  By the time it ever MIGHT make it to court, any evidence will be gone.  Do not answer any communication with anyone other than ebay, until/unless it comes from a government or court official.  You are not required to answer an attorney unless the court demands it.

[inhawaii]

Also, shut down your factory in Indonesia that manufactures those counterfeit cases.    😉

[ckimodog]

@redmodelt 

Thank you. 

[deltilogical]

Sorry this is happening to you.   

The vague, secretive, conspiratorial VERO thing is not protecting sellers.  

It is concerning they are contacting you through ebay messaging and your email - did you provide email to them?  How did they get your email?   This seems like it is against ebay rules for messaging.  

I'm not against protecting a trademark, but I'm pretty sure you don't get to do it through email.  

Other people have talked about this so hopefully they have shared information that can help.  

[shopmilaruby]

I did not give them any information but they have everything: my full name, email, home address, (different from ebay shipping address). Very scary…

[toomuchstuffagain35]

Right now you don't even know if they ARE fake or not. You only have this sleazebag lawyer's claim they are.

[gregs_collection]

I decided to take a look at Lee Law.  He is legit.  You may want to contact his office and discuss the issue further.  He also apparently has handled infringement case for other companies.  I hope it works out.

[shopmilaruby]

I want to thank all of you very much for your replies. I’ve read everyone and will continue to read all upcoming replies. All your comments have been very helpful and constructive. At this point, seems that either way it goes i feel like i have lost. This shouldn’t be handled like this. I understand that a company has its right to protect its interest, but there is better ways to handle this. I say that i feel like either way i lost because i never knowingly listed and sold an unauthorized item. I am a small reseller full of dreams learning as i go chasing the american dream. I stumbled into reselling right after covid lockdown and since then i have enjoyed and love what i do. I love the reselling community. It is full of hard working, honest, wonderful people. People outside our community do not understand all the hurdles we have to jump on a daily basis, yet we keep coming back because we love finding bargains and reselling them for a profit, but most importantly, providing a great item at a great price and giving that item a second chance with a happy satisfied customer is the best reward one can get.  I love reselling, and i just can’t understand that they can come after anyone like this. Why would a big corporation not have the capacity to see the difference? Why would they think that me, a very small reseller just getting started would want to risk what he loves most. Just a couple days ago i was metioning to another ebayer that we are blessed to have ebay and the opportunity to do what we love and earn a living. Now i do not know, i do not think i can continue selling in a platform where it is unclear what i can sell or not. Where i can be singled out and be accused of a criminal. This hurts me, nothing feels right….love you guys, take care….stay strong…and thank you very much.

[slippinjimmy]

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@inhawaii wrote:

How many did you sell?

IF they did take you to court, which I doubt, what would the damages be?

Unless you sold hundreds or thousands of them, I wouldn't worry about it. 

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Sure don't worry about while the guys at Lee get a summary judgment against you (they are handing them out like candy in Tampa and Michigan). The summary judgment could be thousands, they will use it to place a lien on your eBay account and they won't stop there, next would be your employer if you have one or any bank accounts they can find. They will also use it to crush your credit rating which could drive up your borrowing costs (mortgage?) by tens of thousands of Dollars.

Ten years ago I would have laughed at this type of threat but not in 2023, this type of legal action has to be taken seriously these days because the lawyers have figured out a way to do their dirty business and have found the judges that will help them.

I'm not suggesting anyone cave to their demands but it might be the easiest way out if the only alternative action your are prepared to take is to ignore and hope for the best.