eBay

aviator3141 · ‎08-26-2023

Hi all. I recevied a lawsuit for patent infringement. It appears to be real and I have contacted the law office and explained that I am a small reseller. They are offering to settle for $1500. I purchased this item at an amazon bin store, it is a small item worth $8. I did not sell it. All they have is a screen shot of the item for sale from ebay and have locked my paypal account. As stated this item was purchased at a bin store with amazon products, it has an amazon label and still scans from the amazon app. I know assuming it is legit from amazon is no excuse but I bought it at a store. Note that this item was never sold by my, I still have it, it was pulled by ebay under vero with a note that a lawsuit had been filed. I only had one and explained this to the law firm. The item was also listed as unbranded and did not claim to be of any brand. Have seen a few cases like this where after explaining the law firm dropped the seller from the lawsuit. At this point I feel like I am being scammed by the law firm for money. Would appreciate any help I can get. Thanks

aviator3141 · ‎09-01-2023

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

the-hook-and-the-loop · ‎09-01-2023

This all seems a bit vague as far as selling an unbranded item. So the courts allow them to name anyone with a listing up? The whole population? Courts are allowing this? I would love for them to come after me.

retro_entertainment_collectibles · ‎09-04-2023

@the-hook-and-the-loop wrote:
This all seems a bit vague as far as selling an unbranded item. So the courts allow them to name anyone with a listing up? The whole population? Courts are allowing this? I would love for them to come after me.

What they count on is most folks capitulating hence the $1500 as retaining legal council will cost considerable more than that. It's the same game albeit a different playfield as collections places do.

Collections seek a judgement which is then SUPPOSED to be serviced yet is OFTEN just some process server sit in front of the house, take a picture, try serve it and if they can't they just sign it themselves with the actual persons name. Clerks offices are so inundated with such judgements the legitimacy is not even investigated, they just stamp them... Done. Goes out over the banking network and bam... A restraint in put on bank accounts, note, they dont' snatch the money but instead restrain banking basically forcing the person to negotiate with them or not have banking or try hire an attorney to defend them yet process was served. Even when found that a debt isn't owed the collections operations liability is EXTREMELY minimal. Most of them cannot even tell you what the original account's were or numbers they claim now own debt upon which they buy for pennies of the dollar.

Was a fella down in Texas, radio program who continually uncovered these shams and had his life threatened more times than he could count up to. That's no joke, its his words, that many threats against his life by operators that due collections. That's why it's often best to file up that complaint with State Attorney General, the "firm" in this case is REQUIRED by law to respond to the AG and if they don't they can be fined and/or investigated to see if more horse hockey is taking place especially when they get multiple filings.

A congressman or congresswoman's offices calling on behalf thereof or "letter" off to such entities strikes fear to the bone in them as they have the capability to not only usher in State AG's, but atop that District Attorneys and when necessary Federal entities to investigate. If they don't respond to them well... That tells any congress person something seedy is going on and that equates to "my constituency" and the last thing they want is some little sorted story blowing up in their face which can happen many a way!

topstylechick · ‎09-05-2023

This is happening to me too right now! Is this Keener Law? This is a true lawyer scam!!!

jersey..authentix · ‎10-10-2023

You should not have responded. Its a scam. I would do anything. Don't respond any further. This has been going on for years. Trust me , they are not going to go any farther. Their just trying to squeeze some cash out of you.

trevofaus-0 · ‎10-10-2023

I didn't respond to the plaintiffs lawyer. However, this is a legit lawsuit, unfortunately and if the Judge decides in their favor, the fine or damages delt could be up to $150,000. Not sure I want to leave this up to chance.

the-hook-and-the-loop · ‎10-10-2023

They are forcing eBay to hold these people's funds which is freezing their ability to sell here. It's not a matter of a scam you can ignore, it's First Blood.

toomuchstuffagain35 · ‎10-10-2023

I posted this on a now closed thread but it still stands.

I've never been an advocate for even more govt interference in our daily affairs, but this is one case where I think the govt SHOULD step in and shut down these types of SAD lawsuits where the defendant is basically tried & judged before they even are aware of said suit.

Then again I think they should also revisit the DMCA and companies using the same wrongfully to infringe on First Sale Doctrine rights, using cries of counterfeit etc then refusing to engage with the seller, so the seller has no recourse with the marketplace.

Way too much of this going on trying to shut down small legitimate sellers.

"If a product doesn't sell, raise the price" - Reese Palley
"If it sold FAST, it was priced too low" - also Reese Palley

rugerskick · ‎10-10-2023

Further, this isn't going after you for unauthorized sales, its for "patent infringement". Like you developed an item on your own that used some mechanism or something they have a patent for. You never created this item to begin with. Patent Infringment is for going after people who copy something from someone else who has patent rights on how something works. Not for reselling an item. If it was going after you because they dont want you selling something of theirs, they will claim trademark infringement and possibly harming their brand because as a non authorized reseller, they can't guarantee what you're selling is real,,so you could harm their brand name.

They didnt take this route. Patent Infringement isn't what you are doing here.

sidezskateshop · ‎10-11-2023

Dude?! They are fishing! Tell em to F off and dont talk to them ever again. and dox them back hehehehe! Contact ebay. Use the app and press the help for buyers and you will get a US agent and ask them very nicely to please help you.

buvi1960 · ‎10-11-2023

can you say what the item is

tupi96 · ‎10-17-2023

My case: "Order AND Order on Motion for Default Judgment AND ~Util - Terminate Civil Case" What does it mean?

winterpalace25 · ‎10-18-2023

Did you list it as new? If you listed it as new and unbranded, they may have interpreted that you manufactured a copy of their product.

ittybitnot · ‎10-18-2023

Dude?! They are fishing! Tell em to F off and dont talk to them ever again

@sidezskateshop

That's not very good advice when the court has required that eBay hold your payouts. I suggest you read thorough this thread again to see what is actually going on here.