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

lamber9347 · ‎08-26-2023

@nick101902 wrote:
I had something similar happen to me. I had a watch listed with the word "movement". eBay took my listing down and a law firm contacted me in regards to their client Mr. Movement. They told me to cease and desist, I called their bluff and challenged the validity of their claim. After some back and forth they agreed I did nothing wrong. Their client thought he owned the word Movement, he was mistaken. I used my associates degree in Electrical Engineering to win a battle with a law firm, lol
Good luck to you, most of the time they just try to bully the little guy, I say fight them, ask for discovery, see what they have to back up their claim. Odds are they are bluffing to obtain money from you.

@aviator3141 This right here, fight it totally and completely. I'm not saying this is a typical scam, but this is the same reasoning of how a scam actually works- by using fear. A scam is successful because it relies on the fear of the recipient to pay whatever the amount is in order to make this go away. That's why we continually read about others being scammed.

This is not how our court system works. You never actually sold this item, you had the intention to sell it, there is a difference in that. The intention is quite different from the actual act of doing the 'crime'. By fighting back they will see that you understand you do not need to pay them anything and that you are not a typical pushover. You are welcome to consult an attorney and you can find great advice from free consultations. Most likely an attorney will gladly take your case at a fraction of their normal fee once you call them. Who knows, a good attorney may want to countersue them for you.

You didn't break any vero laws because you never sold the item, you never took any money for it, plus you were probably charged fees for listing it. The amount was only $8.00 to begin with and yes the amount also makes a difference. They cannot prove intention from you. You have so much on your side here, it would be a shame for you not to fight this, but ultimately that is your decision to make. I do hope you come back to post a follow-up once resolved. Best of luck to you....

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richard1rst · ‎08-26-2023

Best advice - contact a lawyer.

gloryglorygifts · ‎08-26-2023

Get a lawyer that knows patent infringement. Good luck!

mtgraves7984 · ‎08-26-2023

They are offering to settle for $1500.

@aviator3141

I suppose a counteroffer to turn over the item isn't on the table, huh? 😑

ckimodog · ‎08-26-2023

@aviator3141

Wow...I would retain a Patent attorney who knows the laws. This may be just a hoax or a scam...just my thoughts and opinion.

Good luck to you what ever you decide.

lakefor94 · ‎08-26-2023

I would not even have responded and contacted my lawyer for a professional explanation and verification of the document you received from the supposed law firm.

Sounds like a scam to me.

Posting ID

chapeau-noir · ‎08-26-2023

This sounds very suspect to me, but maybe I'm not understanding. You got this item from an Amazon bin store and had listed but not sold it due to a VERO take-down, and now this law firm says you're off the hook for $1500? Yeah, no I would not give them a cent.

When you dine with leopards, it is wise to check the menu lest you find yourself as the main course.

#freedomtoread
#readbannedbooks

aviator3141 · ‎08-26-2023

Wish I had that option

theteamsetguy · ‎08-26-2023

@aviator3141 ,

Time for you to lawyer up. Google lawyers specializing in intellectual property in your area and contact them. Most lawyers will give you a free initial consultation and tell how to get the issue to go a way for least amount of pain.

Will probably cost you a less than 15 large you are being asked to pay.

marnotom! · ‎08-26-2023

I agree with the observations that this sounds pretty suspicious. Who locked your PayPal account and how/why? eBay sellers can no longer receive payments through PayPal.

aviator3141 · ‎08-26-2023

looks like they used the info from ebay paypal deposits from over 2 years ago. Says in the lawsuit they locked 3rd party accounts

aviator3141 · ‎08-26-2023

you got it right, amazon item not sold

sextons-sweet-deals · ‎08-26-2023

This post does not make since! You are being scammed!

just ignore!

You contacted the supposed law firm, and they are ready to settle for $1,500 for an $8 item. Hello!!!!

Were you served papers personally or in the mail which would probably require signature?

The big red flag: The item was also listed as unbranded and did not claim to be of any brand

nick101902 · ‎08-26-2023

I had something similar happen to me. I had a watch listed with the word "movement". eBay took my listing down and a law firm contacted me in regards to their client Mr. Movement. They told me to cease and desist, I called their bluff and challenged the validity of their claim. After some back and forth they agreed I did nothing wrong. Their client thought he owned the word Movement, he was mistaken. I used my associates degree in Electrical Engineering to win a battle with a law firm, lol

Good luck to you, most of the time they just try to bully the little guy, I say fight them, ask for discovery, see what they have to back up their claim. Odds are they are bluffing to obtain money from you.

dbfolks166mt · ‎08-26-2023

As others have advised contact a lawyer. This is becoming a common scare scam tactic. Some are legitimate but highly unlikely anything will come of it. Of course they will settle for $1,500. 🤣 Quit communicating with them odds are you will never hear from them again.

I am not sure how they froze your PayPal account this relates to eBay and while buyers can pay for items with PayPal they are no longer the financial processor for eBay, Adyen is, and your funds are sent to your checking account which apparently they haven't frozen. That would be my first clue this is a scam.

Verify with PayPal to see if your account is frozen and in the letter notification you received look up the court case number.