eBay

rc-parts · ‎03-25-2023

Hello,
Im a long time ebay seller based in Europe.
I have received this message from ebay:
--------------------------------------------------------------------
MC999 rc-parts: Urgent information about your eBay account
Hello ,
BIGFOOT 4X4, INC. has filed a lawsuit in the United States claiming that your account was used to sell inauthentic BIGFOOT products. Please take this notice seriously. If you ignore this matter, the court may rule that you have forfeited your legal defense and the court may force eBay to permanently disable your account. BIGFOOT 4X4, INC. can be contacted through their attorneys at the following email address:
Court Order Details
Court: U.S. District Court for the Northern District of Illinois
Plaintiff: BIGFOOT 4X4, INC.

If you had any remaining Toy Truck listings, eBay has ended them. Do not attempt to relist these products or use BIGFOOT in any other listing titles or descriptions. Doing so may result in your account being permanently disabled.
-----------------------------------------------------------------
Those are my actions so far:

1) I made contact with “Bigfoot Inc” attorney, I have received copy of the complaint and screenshot of my listing
2) “Bigfoot Inc” attorney offered the sum of $3,000 to end their claim and release my store
3) I have carefully reviewed the listing. No violation was made and im pretty sure i can prove it in court.
4) My ebay store, bank account and paypal is NOT blocked untill not.

I have made contact with multiple layers with expertise in trademark violations in United States, all ask me crazy amounts of money just to hear my case and give advice.

My thoughts so far:
• Not sure i should even consider going to court proving inocent, probably far more expensive than making a deal
• If i accept a payment settlement i would still need a layer to make sure that im covered.

Did anyone else have similar problem?

Can you please give me advice? Im extremely stressed out with this situation.

fab_finds4u · ‎03-25-2023

Pay the $3,000 and then you'll be cleared. Fighting will cost far more that that. I'm no lawyer but I think you can't prove innocent unless you have a written licensing agreement with Big Foot.

maxine*j · ‎03-25-2023

Is this the case linked to below? If so, it was terminated on March 2, 2023.

Bigfoot Inc. vs. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto:

https://www.pacermonitor.com/public/case/46096301/Bigfoot_4x4,_Inc_v_The_Individuals,_Corporations,_...

You can also see if you were actually named on Schedule A -- which I seriously doubt, since you are in Greece.

Unless a COURT orders you to do so, do not send anyone any money.

-

caldreamer · ‎03-25-2023

Do NOT relist these items or your EBAY account will be terminated. Seems like their complaint is you cannot use the word "bigfoot" (I should remove that from your title, item specifics and description for all your items).

I did a search of your items using word "bigfoot" and 199 of your items still show word "bigfoot" somewhere in your listing. You should delete that immediately before they have your listing removed.

Government website https://publicrecords.copyright.gov/ should help you research what is copyrighted. Monster Truck is also copyrighted.

redmodelt · ‎03-25-2023

Located in Greece but drop shipping from China. With all the knockoffs coming out of China, could that have something to do with this?

maxine*j · ‎03-25-2023

As an aside, that is really a shame if someone has been granted copyright or trademark to "Bigfoot" or "Monster Truck," since both are generic terms in use for a long, long time. It is a really disturbing trend, with such generic and previously widely-used terms being granted copyright as Shabby Chic, Has[[y Valley, and a long list of similar.

-

rc-parts · ‎03-25-2023

Yes, im named in Schedule A.

What this means?

albertabrightalberta · ‎03-25-2023

@rc-parts wrote:
Hello,
Im a long time ebay seller based in Europe.
I have received this message from ebay:
--------------------------------------------------------------------
MC999 rc-parts: Urgent information about your eBay account
Hello ,
BIGFOOT 4X4, INC. has filed a lawsuit in the United States claiming that your account was used to sell inauthentic BIGFOOT products. Please take this notice seriously. If you ignore this matter, the court may rule that you have forfeited your legal defense and the court may force eBay to permanently disable your account. BIGFOOT 4X4, INC. can be contacted through their attorneys at the following email address:
Court Order Details
Court: U.S. District Court for the Northern District of Illinois
Plaintiff: BIGFOOT 4X4, INC.
If you had any remaining Toy Truck listings, eBay has ended them. Do not attempt to relist these products or use BIGFOOT in any other listing titles or descriptions. Doing so may result in your account being permanently disabled.
-----------------------------------------------------------------
Those are my actions so far:

1) I made contact with “Bigfoot Inc” attorney, I have received copy of the complaint and screenshot of my listing
2) “Bigfoot Inc” attorney offered the sum of $3,000 to end their claim and release my store
3) I have carefully reviewed the listing. No violation was made and im pretty sure i can prove it in court.
4) My ebay store, bank account and paypal is NOT blocked untill not.

They are accusing you of selling fakes and the fact that items are coming from China seems to confirm this. So in this case, you seem to be in the wrong and if a $3K fine will make the lawsuit go away, it's a relatively small amount to pay for the education you've received!

(This particular lawsuit isn't one that violates First Sale Doctrine. First Sale Doctrine allows the resale of items that are legally obtained, thus are authentic. Your items don't apply.)

albertabrightalberta
Volunteer Community Mentor

retro_entertainment_collectibles · ‎03-25-2023

@maxine*j wrote:
As an aside, that is really a shame if someone has been granted copyright or trademark to "Bigfoot" or "Monster Truck," since both are generic terms in use for a long, long time. It is a really disturbing trend, with such generic and previously widely-used terms being granted copyright as Shabby Chic, Has[[y Valley, and a long list of similar.

-

Nothing new, been happening for ages and its Trademark no less. I was reading a legal beagle site about The Shop Safe Act which at least in it's initial phase included points of sale being able be fined for usage of Trademark Terms. The article cited, "Onesie" and "Onesies" as trademark by I believe Proctor and Gamble going back way way back. 145,000+ listings here have the term and the legal site said if The Shop Safe Act were to become law in that then state it'd be the end of third party online commerce in America citing eBay, Amazon, Etsy etc. The sites could not afford the fines basically.

stainlessenginecovers · ‎03-25-2023

It means

Quit buying/selling anything from China

End any and all listings that you are getting any 'name brand' stuff from China

Pay the $3000

deltilogical · ‎03-25-2023

They can copyright our individual genetic code so why not a word (besides that it is a level of tyranny beyond words)? The techoverloads get together in davos and probably envision a future where you have to pay royalties for using 'their' words when speaking, charged and administered through the never-off microphones and cameras in America's cell phones and devices.

theteamsetguy · ‎03-25-2023

@albertabrightalberta ,

Just because something is made in China doesn’t make it counterfeit. Many companies manufacture their products in China. The Apple IPad I’m currently using is made in China for example.

fab_finds4u · ‎03-25-2023

To message 7- kudos to Maxine.

It means if you're on the list the court case against you was terminated.

rc-parts · ‎03-25-2023

Just checked. This was another case. My case is not terminated.

allthingssurplus · ‎03-25-2023

I had 20 convenience stores in southern California. I purchased, back in the eighties, bobble head dolls of the California Raisin which at the time was a novel item. Bought them from a valid vendor. Received lawsuit papers as you did. Called my vendor and they had proof of their purchase of the product from the California Raisin people. Like you went to the Raisin attorney and asked that the suit be dropped. Their response was see you in court. Raisin was suing for $10k. Like you, went to trademark attorneys and all said we could win the case. Estimated cost to do so was north of $50k and 3-5 years. So here is my advise and I am a fighter when wrongly attacked, pay the $3k and do it using your own attorney. Make sure your attorney has their attorney contact eBay informing them that they will drop the case against you. Also, get something from eBay in writing stating if the suit is dropped your eBay account will be reinstated and no negative action will be applied to your account.

Now is this the answer your were looking for, probably not nor was it the answer I was looking for as well. However this is a business decision. You will not win this case without spending a great deal on money and have a damaged eBay account. You will feel like you have been stolen from. You will feel like eBay has given you no support and they won't. This is the answer if you want to stay in business and free yourself of the stress of going through this process. Sorry it happened to you. There are attorneys out there that do this for a living same guys that hang out the hospital ER to find work. Sad and is the world we life in. Get your life back, pay and move on.