Legal Question in Civil Litigation in West Virginia

selling counterfeit products

I purchased a new set of golf clubs from an individual. I gave him $600.00 for the clubs. He told me that these clubs were Taylormade clubs, they even had the taylormade logo on them. About a month after the purchase, I found out through taylormade that these clubs are counterfeit. I want my money back, but he is refusing. Do I have any legal rights? I have documentation from Taylormade stating that these clubs are not real, and that they do not even make the set of 100 series irons that came with the golf set. How can I get my money back. I have contacted the Attorney General's office, but they will not get involved because the individual I purchased them from is not a business. The guy sold more than one set, he was selling them out of his home. He was, also, advertising these clubs. He told me that he was getting these clubs from North Carolina, that his mom was selling these clubs there, but she closing her store and was letting him have the clubs to sell to help him out because he had not worked in two years. Now he is saying that he did not make any money on these, even though I have the cancelled check with his signature on it. I have known this guy for years and thought I could trust and believe him.

Mike


Asked on 9/27/06, 11:16 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: selling counterfeit products

Based on the facts of your e-mail, you are a victim of fraud. Your civil remedies include rescision as well as claim for actual damages and fees. You could also purchase the real thing and sue for the difference in cost as you are entitled to the benefit of your bargan. The vendor may have a more serious problem. It would appear he could be prosecuted for false pretence by the county prosecuting attorney, find himself the receipient of a cease and desist order with penalties from the Attorney General or a suit from Taylormade.

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Answered on 9/27/06, 2:50 pm


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