Legal Question in Intellectual Property in New Hampshire

Am I liable?

I received a Rolex watch as a gift and was told that it cost $50USD and was purchased in New York from a merchant. I really did not fancy the watch so I placed it in a drawer. Upon cleaning up one day, I came across the watch and decided to sell it. I listed it on e-bay and then a few days later I got an email from e-bay telling me that they were requested by Gibney, Anthony & Flaherty, llp. to remove the item. About a week later I got an email and a subsequent letter in the mail from the attorney's office telling me that I had to tell them who I got the watch from, give them the watch and $300 for their involvement. I responded telling them that I had no idea selling a watch ion e-bay was illegal? I never said it was real because I had no way to verify and I was selling it for less than it originally cost. I received a second notice today requesting that I meet their demands. Am I liable? What are my rights?

Thanks


Asked on 7/24/06, 9:33 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Am I liable?

How did you list it on eBay? You may be liable depending on representations made.

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Answered on 7/24/06, 10:16 pm


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