Trademark Infringement on Ebay

Posted by Michael Shimokaji | Jun 03, 2014 | 0 Comments

Question: What can I do for this problem? I got sue by zumba DVD

I ordered some Zumba 25 DVD sets from someone in China. I sold about 23 sets on ebay and today received a letter stating I was being sued by Zumba for COMPLAINT FOR DAMAGES:

(1) FEDERAL TRADEMARK INFRINGEMENT [15 U.S.C. § 1114/Lanham Act §32(a)]

(2) FEDERAL COPYRIGHT INFRINGEMENT [17 U.S.C. §501(a)];

(3) FALSE DESIGNATION OF ORIGIN/UNFAIR COMPETITION [15 U.S.C. §1125(a)/Lanham Act §43(a)];

(4) TRADEMARK DILUTION [15 U.S.C. §1125(c)];

(5) UNFAIR BUSINESS PRACTICES [CALIFORNIA BUSINESS & PROFESSIONS CODE §17200];

(6) UNFAIR COMPETITION (California Common Law); and

(7) UNJUST ENRICHMENT DEMAND FOR JURY TRIAL COMPLAINT FOR DAMAGES

I was requested to seek legal counsel and my suit would be filed on or about April 25th. Apparently they bought a DVD se

Answer: It is probably too expensive to hire an attorney for the amount of damages at stake. In other words, the cost of hiring an attorney probably exceeds the amount of damages.

Try to negotiate a settlement, even if you might not be legally liable.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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