sued for patent infringement, need suggestions please

[aviator3141]

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

[jdcote]

Hi, I am sorry that this has happened to you. I wonder if you brought amazon into the lawsuit via counter suit since you purchased this item from their store. This way they would also have to deal with someone with deep pockets.

[buvi1960]

Ok maybe someone can give me a answer here ebay says my account is frozen they didn't do it a judge ordered them to do it but if you have items listed they still are able to be sold but you don't receive the money but ebay can take it? Use it in any way they want? Now I know they have money but my account showed a balance(positive) now its negative seems to me if a "judge" ordered them to freeze my account they wouldn't be able to use any of the money in the account either so why is the original money gone and I show a negative balance if it's froze?? Is ebay involved in this supposed lawsuit themselves? I would think I would get a bill stating what I owe for shipping invoices

[mikeystoyz]

Tell them to shove it.  Tell them to take you to court.  Nicely of course.  The are full of it and there is no case.  

[sidezskateshop]

Well its happened to me and I mean, Ive only sold a few thousand items on Ebay so your right, what do I know!

[awesomevariety]

I would love to connect with you to gain more insight into this whole thing. I look forward to hearing from you!

[ckimodog]

@awesomevariety 

 This is a 4 month old thread and the question was solved.  Most likely the OP isn't going to reply.  Looking at your listings you were drop shipping, possibly 3rd party,  retail arbitrage (against eBay policies), as you have the same photos that Amazon uses.  Your feedback is not good either.  Lots and lots of unhappy customers of non receipt who stated it as well. Are you actually located in the US?  Being truthful with you customers is a must.  Looks like you were not.    You have many of the same unfavorable comments. Not good.  If you were restricted/suspended, it's because you didn't follow the rules.  Sorry. 

Good luck.

[oszika]

Sellers can't infringe patents, only manufacturers. I would report it to eBay.

[jonathan.s.tan]

this is happening to me regarding an item of bear slippers on ebay that was since taken down for copy right infringement. i tried calling the law firm but they never answer only emails and they want $800 how do I file with the county clerk and what do I say on the summons so I can't get sued? for anymore money? They froze my paypal account.

[ckimodog]

@jonathan.s.tan 

Sorry for your situation.  You need to talk to an attorney to see what you need to do next.  Don't give anyone any money until you are counseled.  This could very well be some type of scam.  Not understanding why they're suspending your paypal account.  Are you sure that notice is actually from Paypal?  Paypal scams are all over the internet.  I would check it out ASAP.

Good luck 

[retro_entertainment_collectibles]

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@ckimodog wrote:

@jonathan.s.tan 

Sorry for your situation.  You need to talk to an attorney to see what you need to do next.  Don't give anyone any money until you are counseled.  This could very well be some type of scam.  Not understanding why they're suspending your paypal account.  Are you sure that notice is actually from Paypal?  Paypal scams are all over the internet.  I would check it out ASAP.

Good luck 

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PayPal was probably served a restraint... It's what happens when ignoring the process served, it can float to banks accounts or even an employer if valid.  Copyright, trademark, trademark terms are all targets the latter two rising to the top of current radar because the shop safe act was shot down in its first incarnation.

[adkhighker]

"Dear law firm,

or whoever you are that's scaring me over nothing and is the underlying cause of all my recent health problems.  Take your $1500 and multiply it by one thousand because that is the amount MY lawyer expects to get from you in the counter lawsuit I am planning for all damages caused by you.   Tell you what, though, I'll consider settling out of court for $25K if my lawyer agrees. Let me know.

Sincerely,

Me"

[kensgiftshop]

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@adkhighker wrote:

"Dear law firm,

or whoever you are that's scaring me over nothing and is the underlying cause of all my recent health problems.  Take your $1500 and multiply it by one thousand because that is the amount MY lawyer expects to get from you in the counter lawsuit I am planning for all damages caused by you.   Tell you what, though, I'll consider settling out of court for $25K if my lawyer agrees. Let me know.

Sincerely,

Me"

---

I can see that working... 😄

[jonathan.s.tan]

Yes PayPal put a limitation on my account because of this. The bear slippers from other people that have the same picture as mine are still up and not taken down by eBay which has me more confused. They apparently filed a civil case with the court in northern illinois regarding this.  I was never served anything in person only by email. I will try and check with the court house in my state as well. Do you know an attorney I can talk to? 

[dbfolks166mt]

"Dear law firm,

or whoever you are that's scaring me over nothing and is the underlying cause of all my recent health problems.  Take your $1500 and multiply it by one thousand because that is the amount MY lawyer expects to get from you in the counter lawsuit I am planning for all damages caused by you.   Tell you what, though, I'll consider settling out of court for $25K if my lawyer agrees. Let me know.

Sincerely,

Me"

     Love it!!!

[everettandshae]

Have you had any luck getting your PayPal fixed? I was involved in the same slippers case but was dismissed. My PayPal still has a limitation on it even though the law firm said they would let them know to release it.