Legal Question in Intellectual Property in Pennsylvania

I purchased a few new items at a flea market. I later posted and sold some af these items on ebay. I received a letter today from an attorney saying I violated his clients intellectual property rights by selling counterfeit items.

The letter states that I need to pay $475 for legal fees, surrender all unsold items, and provide the identity of who I purchased the items from.

Please note, I did not know that these items were counterfeit and did not knowingly sell counterfeit items. I cannot afford an attorney at this time and dont know what to do to handle this problem.

Any advice would be greatly appreciated, thanks in advance

Mike Briggs


Asked on 1/16/10, 10:31 am

1 Answer from Attorneys
Sharmil McKee McKee Law Office

Ask that attorney to provide proof that the items are counterfeit. Beware of trolls - people who claim counterfeiting from small legit businesses. They are merely trying to collect fees, not enforce any intellectual property right.

Also, forward a copy of the letter to eBay and your buyer. If you are sued, they will share your liability and cost. Good luck.

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Answered on 1/25/10, 4:55 am


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