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USA Lawsuit filed against me
I havent sold on ebay for a few years now.
A few years ago I had a clear out of our house when we was downscaling.
A few of the sales was sold via the global shipping programme which I think Ebay asked if I wanted to opt into? After selling our unwanted items I no longer had anything left to sell, so I haven't sold for a few years.
Last week I received an email which at first I assumed was spam. A USA filing in a Florida court against me and a few hundred sellers. The other sellers appear to be business sellers that sell hundreds and thousands of the same items.
The product i sold in question was a head light with a LED bulb which my husband bought to use when he was clearing out the attic, but never used it. I sold it on ebay but it did not sell to anyone in the USA.
Now looking at the documents filed I do think they are legit documents. Can anyone tell me how to proceed?
kh-stanley1
·2 years agoHi everyone,
Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread HERE if you wish to continue to discuss this topic.
Thank you for understanding.
sextons-sweet-deals
·2 years agoI think it is a scam. Not really sure why you would be notified via e-mail and the notice lists all the other people / business involved. Seems very unprofessional and tells me it is a scammer trying to target several people in one notice via e-mail. I would think you would be receiving a notice in the mail via certified, signature required, or maybe even served by a local sheriff.
just my opinion.
liamsbrands
·2 years agoDid you manage to solve the issue without paying too much?
I would love for you to share. I'm in the same situation.
byrd69er
·3 years agoForget it and move on.
Nobody is coming after you for the sale of some cheap light, three years ago.
bedlamathome
OP3 years agoThis is what I know so far.
It is indeed a real lawsuit. There is 350+ off us on the schedule A list.
It was a cree light that I purchased, didnt use and resold on ebay. I sold at a loss and made no profit, but it cleared up our house when we was downscaling.
I have now hired a US lawyer to submit a counter claim and defend me. Not cheap, but I felt like I have no choice. CREE LED are looking for $2 million.
janet9988
·3 years agoI would be asking ebay who they gave out your private email information to and show them this letter.
krazzykats
·3 years agoPlaintiff investigated the promotion and sale of counterfeit and infringing versions of its branded products by the Defendants. See [Id. at ¶¶ 11-14]. Plaintiff accessed each of the ecommerce stores operating under Defendants' Seller IDs, initiated the ordering process for the purchase of a product from each of the Seller IDs, bearing counterfeit copies and infringements of Plaintiff's CreeLED Marks, and requested each product to be shipped to an address in the Southern District of Florida. See [Id.]. Plaintiff conducted a review and visually inspected Defendants' Goods and determined the products were nongenuine, unauthorized versions of Plaintiff's products bearing the CreeLED Marks. See [Id.].
CreeLED, Inc. v. The Individuals, 1:22-cv-23683-JEM/Becerra, 1-2 (S.D. Fla. Nov. 30, 2022)
itsjustasprain
·3 years agoAccording to the OP they were a UK seller shipping to a UK buyer.
asset_liquidators
·3 years agoIt is a fishing expedition and their bait stinks. Don't nibble and swim away...
nickelsanddimes2015
·3 years agoI would contact their attorney directly and tell them about your situation. You should be covered under the first sale doctrine especially because you sold 1 compared to all the other businesses.
a_c_green
·3 years agoI would not respond at all; that would simply confirm that their unsolicited email was received. More to the point, this was a UK seller selling to a UK buyer, so I would wonder how any of that falls within a Florida, USA jurisdiction.
As for why the OP received it, I would assume that the plaintiffs somehow finagled a list out of eBay showing everyone who had ever sold one of their products, and proceeded to spam them all, but I don't see how the OP's entirely UK-based sale could be included. (That would not stop eBay from trying to withhold money as described, though; it would probably be up to the OP to push back somehow.) For now, I would just stay silent and not respond at all.
femmefan1946
·3 years agoMore to the point, this was a UK seller selling to a UK buyer, so I would wonder how any of that falls within a Florida, USA jurisdiction.
The Global Shipping Program was involved.
The poster/seller was in the UK . Only the UK and the US have the GSP available.
The buyer was in the USA, or possibly used a freight forwarder in the USA (Doral FL?) to ship overseas.
@itsjustasprain
a_c_green
·3 years agoAccording to the OP in Message 7, the buyer was in the UK. My understanding of this is that the seller was in the UK as well...? Perhaps @bedlamathome can clarify that.
bedlamathome
OP3 years agoI'm in the uk and my buyer was in the uk. However, my listing appeared on ebay.com because ebay enrolled me into global shipping. Although my solicitor/lawyer says the person that purchased it might have inspected it and purchased to inspect it. I don't believe it was counterfeit, but it might have been? I purchased from amazon
monica-sells
·3 years ago"...I purchased from amazon..."
if you review that purchase, was it from an "authorized reseller" of the cree products?
Luckily, you would still have an online record of that purchase through amazon
itsjustasprain
·3 years agoGood. Let them go and torment that seller instead.
I thought Amazon was pretty strict about sellers documenting their supplier sources. Is that not the case?
slippinjimmy
·3 years agoFirst Sale Doctrine DOES NOT APPLY to counterfeit goods, Cree is THE big name in LED's, there are literally millions of LED's offered for sale that claim to be "Cree" but are not.
itolduandso
·3 years agoRemember Hurt Locker? Movie has a copyright warning to warn the consumer if looking for downloads. Did the CREED lamps come with a extra warning label about copyright infringement? How is one supposed to know without having technical expertise about LED? Has creed got hold of the item you sold and let independent analyst determine it was fake, every and each item sold? If Cree has contacted ebay at the time of the listing of active, ebay would have closed the listing. End of story. That's its done with VERO.
Wouldn't it be better if she says purchased the lamp in a goodwill store, or cash in garage sale or just found it in a park or something like that? I don't know if the OP was selling the lamp as NEW or used. That may make a difference.
Is there any insurance policy that would even provide a consumer a protection against frivolous infringement lawsuits?
It looks like wild west reborn and any struggling trademark lawyer could start lawsuit just about anything and anybody asserting the used item sold on ebay is actually fake.
simba6
·3 years agoRubbish. Real documents would be sent snail mail. Also, if you just resold an item you purchased, there is nothing wrong with that.
sapphire_studio
·3 years agoI agree with the last two comments. Unless you're served papers directly they have no way to prove that you got that email so just ignore it for now.
moondogblues
·3 years ago" Unless you're served papers directly they have no way to prove that you got that email so just ignore it for now."
There are programs that let the 'sender' know that the recipient has opened the email.
glgenterprise
·3 years agoOne of the reasons that email is not considered sufficient notice is that there is no proof of who opened the email. There isn't a process server that can testify that they served the actual person.
The sender could only verify that *someone* opened the email.
Since the case number does not match, I'd be super suspicious that it is some outside actor phishing for you to respond over the fear of dealing with a US lawsuit.
I know precious little about civil lawsuits over counterfeit & unauthorized sellers. Since Cree has grouped all sellers under one lawsuit, I would expect that if they get a damages award, it would apportioned among the named sellers based on the volume of their individual sales. OP's one-off sale would likely not add up to enough money to make it worth hiring a US based trademark attorney.
OP - I would probably do the following - never use that same account to sell anything again. If your eBay account is still linked to a PayPal account - make sure you don't leave money in that PayPal account. Open a new PayPal account. Were it me, I might even go as far as to open a new bank account at a different bank and move my funds there, to protect my assets from being seized in what seems like a ridiculously frivolous naming of a one-off seller from years ago.
At the end of the day, you're located in the UK and the expense of forcing you to cough up any portion of the damages would likely outweigh the value of your portion of the damages, so I likely would not lose a ton of sleep over it were I you.
slippinjimmy
·3 years agoMY advice (having been on the receiving end of this sort of thing).
The email is insufficient notice. You are in the UK, unless this legal action is taken against you in the UK it is meaningless.
My most important advice at this point is DO NOT RESPOND in any way shape or form.
djvp53
·3 years agoThat's a nightmare. I wonder how their lawyers can prove this single light bulb that you sold years ago wasn't a genuine bulb or that it violated their trademark rights in some other way. I would hire a competent trademark lawyer. I recognize that sounds like an insane recommendation for a case involving a single item you probably sold for $10 three years ago but your risk of damages in a trademark violation case could greatly exceed the amount you got in the sale(s). With any luck, a lawyer may be able to get you dropped from the suit easily. With poor luck, this will cost a fortune. Best wishes.
whatmorefabric
·3 years agoAlso, in most states you need Proof of Service and an email does not meet the standard. In New York, you need a signed copy of delivery.
monica-sells
·3 years ago"... in most states you need Proof of Service and an email does not meet the standard..."
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
this.......
as well as...how was your current e-mail obtained from an ebay sale?
whatmorefabric
·3 years agoThere are many law firms that make their money out of copyright infringement. Some have the blessings of the company, others don't. Sanrio allows any lawyer in the US to sue for copywrite infringement.
If you contact the law firm, I bet they will offer to dismiss the case for a few 100.00. This is how the usually work.
I had a case like this filed against me by Sanrio, My Little Kitty. The fabric was purchased from Spring, a licensee of My Little Kitty from a legitimate distributor. I had every right to sell the fabric.
My son called the law firm and was told for 500.00 they would dismiss my case.
This strikes me as a bit fishy, because they should be providing a cease and desist order first and they should know that US law allows you to sell items that you legally purchased.
luandittma0
·3 years agoO
luckythewinner
·3 years agoIf a lawsuit was filed there will be a docket number and the name of the court where it was filed.
You should be able to go to the court website (Google it independently, do not trust links in your documents) and look up the docket number.
Have you done that?
bedlamathome
OP3 years agohi it seems legit
luckythewinner
·3 years agoYou did not answer my question. Is there a docket number and can you independently find the case listed on a court website?
If a lawsuit was file, it must have been filed with a court somewhere.
southern*sweet*tea
·3 years agoIt's a real legal case.
https://casetext.com/case/creeled-inc-v-the-individuals-2
https://www.pacermonitor.com/public/case/47589916/CreeLED,_Inc_v_Individuals,_Partnerships,_and_Unincorporated_Associations_identified_on_Schedule_A_
dbfolks166mt
·3 years agoThanks for the great information, research and links. I am surprised eBay has not pulled down every posting with CreeLED in it but there are a few remaining out there. Skimming through the case link any seller involved in the lawsuit is going to have any payouts diverted into a holding account pending the outcome of the lawsuit. As to whether eBay will pull any prior payouts from your bank account is not clear but could be a concern.
monica-sells
·3 years agotread carefully when and if you reply to anything. Although the case may be real, there are a few flags that trouble me........
Although the case No. 23-cv-60088 is on your 'email', it is not the CV (Civil) number on the referenced pages (23-cv-80149).....
The text is simply a copy & paste of the complaint......I would question how your information from selling 1 item on ebay could be made available to a plaintiff........
In the states, it is perfectly legal to sell an item you own (first sale doctrine)...and if you sold it on ebay USA, that's in the states I think.......I am not sure what it is the U.K.
Just don't "assume" this is legit because it refers to an existing case......scammers are getting pretty good
simply-the-best-for-you
·3 years agoI don't recall the colloquial name of the law, but I do recall reading that the UK has something similar to the US's "First Sale Doctrine". I may have read it on Tabberone's website or perhaps elsewhere, actually, now that I think about it, it may have been in a Lush Brand forum where someone in the UK was selling a product she had purchased from the store.
TBH, if it were me, I would likely do nothing, until I was served directly. An email being the first you've heard of this seems fishy & if it's a US lawsuit, I find it odd that they are going after a 1 time seller in another country.
slippinjimmy
·3 years agoNothing to do with First Sale Doctrine, the plaintiff in this case alleges the goods sold were NOT authorized Cree products.
asset_liquidators
·3 years agoThe OP sold one item a couple years ago. Ebay probably doesn't have bank account info on them to pull it from. They are in the U.K. This company filed in Florida. They are going to have a tough go of it to collect anything from the OP.
Also, the item the OP sold was a 'one off' that they purchased for personal use and then sold. The company has no case against them. If I were the OP I would not respond in any way. If I did respond it would only be with a counter suit for intimidation and harassment for selling something they rightfully owned.
ittybitnot
·3 years agoSkimming through the case link any seller involved in the lawsuit is going to have any payouts diverted into a holding account pending the outcome of the lawsuit.
@dbfolks166mt
If eBay starts to withhold the OPs payouts, that will be the "tell". In other instances reported here, it is exactly what eBay does. It seems to be a new 'trend' in general to fight copyright violations through the courts.
Since @bedlamathome is not selling anything, we are not likely to find out.
dbfolks166mt
·3 years agoIf eBay starts to withhold the OPs payouts, that will be the "tell". In other instances reported here, it is exactly what eBay does. It seems to be a new 'trend' in general to fight copyright violations through the courts.
Since @bedlamathome is not selling anything, we are not likely to find out.
___________________________________________________________________________________________-
I have noticed the same thing in similar postings. Like you mentioned the OP probably has little to worry about since they have nothing listed at the moment.
It will be interesting to see how this works out in the international market eBay operates in. China, along with other countries, counterfeit about everything you can name and pretty much ignore copyright/patent laws since they are out of the reach of the US legal system. However if eBay is directed to divert and hold the funds pending the case outcome that may change things a bit. Especially if it's all funds and not just those associated with the item in question, which, based on a couple of other postings appears to be what eBay does.
Then of course you have all the drop shippers that are selling and shipping counterfeit items that are going to be a a bit of a sticky situation. Given the lawsuit I am surprised there are still so many active listings for CreeLED items still posted.
femmefan1946
·3 years ago@devon@ebay
Skimming through the case link any seller involved in the lawsuit is going to have any payouts diverted into a holding account pending the outcome of the lawsuit. As to whether eBay will pull any prior payouts from your bank account is not clear but could be a concern.
Thoughts?
slati_2013
·3 years agoWho is suing you? The maker of the headlight? Where are you located? America?
dbfolks166mt
·3 years agoWho is suing you? The maker of the headlight? Where are you located? America?
OP is in the UK.
bedlamathome
OP3 years agoHi I live in the uk but when I sold the item I think it was listed on Ebay.com via the global shipping programme, although it sold to a uk buyer.
dbfolks166mt
·3 years agoYou didn't provide a lot of details on the content of the emai but there have been a couple of postings on this forum like yours over the years. If you could include a redacted copy of the email that would help. Did the email come from/through eBay, some law firm, court............ What is/was the basis of the court action? What are they asking you to do?
Some of these are electronic versions of the scam phone calls that used to inform you that a warrant had bee issued for your arrest.................. unless you ....................... immediately. Chances are the notification is bogus since courts usually don't send official documents and notifications through email.
bedlamathome
OP3 years agohi it came to my via email.
Re: Case No. 23-cv-60088 – CreeLED Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
The Defendants operating under the Seller ID’s listed in Schedule “A†to the attached Amended Complaint (collectively, the “Defendantsâ€) filed in the above-referenced lawsuit are hereby advised as follows:
Plaintiff’s Amended Complaint alleges violations by the Defendants of U.S. federal and state laws prohibiting trademark infringement and unfair competition. A copy of the Amended Complaint, Temporary Restraining Order, Order Permitting Alternative Service, and Issued Summons are attached hereto.
These and other documents relating to the above-referenced lawsuit may be obtained from Plaintiff’s attorney at the following website:
Please feel free to contact Plaintiff’s counsel by email if you would like to discuss this matter in further detail.