Legal Question in Intellectual Property in Oklahoma

I sold some P90X's on ebay. Also Your Baby Can read. Now I got a letter from an attorney demanding that I should pay them $200 for every one that I sold. I explained to them that I had no idea that they were counterfeit. Bought them off Craigslist. What should I do?


Asked on 8/27/10, 10:13 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

A good attorney will say manufacturers have a right to control who resells their branded products downstream. It doesn't matter that you are selling genuine articles purchased from the manufacturer or an authorized source. It's probably worse if they are counterfeit. These kinds of cases are highly fact dependent so you should contact an attorney. Consult with an attorney in your area ASAP for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

If you want to deal in products made and branded by XXX, then XXX has a right to require you to obtain authorization from them, and XXX can refuse to authorize you.

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Answered on 9/02/10, 8:23 am


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