Legal Question in Intellectual Property in Colorado

I purchased some flat irons for straightening hair with the brand CHI on them. I purchased them from someone on Craigslist who said they were selling their salon.

I sold about 23 of them on ebay, ebay cancelled my listings because the law firm of Greenburg Taurig had complained that I was selling counterfeit CHI irons.

I have no idea whether they are authentic or not..

So I get an email from a Julie Bookbinder and a letter sent to my house demanding to tell them how many I sold, where I got them from and how much money I made.

I gave her the information and the site where I purchased them.

I told her I did not do anything wrong as I was simply reselling them and I did not know I was not able to do that. I said I will never sell them again.

I received another email saying since you gave us all this information our client has decided to settle with you for $500.00.

I said are you serious? I did nothing wrong and simply purchased these items from a seller on craigslist that said she had a salon.

Is this legal for them to try and make me sign a settlement contract and pay them $500?

It doesnt seem so to me?


Asked on 1/28/10, 7:55 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

"I did not know they were fakes" is not a defense to selling counterfeit merchandise (although lack of knowledge may mitigate your damages). Likely, Greenburg Taurig is quite serious. They cannot make you sign anything, and they cannot make you pay. But, they can sue you, and a court can make you pay. If you want to defend, you need to get a lawyer. If you sign anything, make sure that it also releases you from past liability.

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Answered on 2/02/10, 8:23 am


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