Trademark Infringement / /Copyright / VERO Issues - Cease & Desist letters

[freemanmcnulty]

P90x Infringement Johnson and pham

I just got a letter in the mail saying that i am being sued for trademark and copyright infringement for P90X products from a law firm in ca called johnson and pham.
They claim that I violated federal and state laws by trying to sell my copy of p90 on ebay!

they want me to pay them fines $893. What I am supposed to do? I looked at their website and lawyers and it all seems legit. Also, they have cited to other cases they have sued on.

"In the event a lawsuit is filed against you, and you fail to respond as required by the Federal Rules of Civil Procedure, we will seek a default judgment against you based upon your infringing conduct. This firm has successfully obtained multiple judgments against individuals in excess of $150,000.00 relating to the sale of counterfeit Product Partners merchandise. See Product Partners, LLC v. Aaron Watts, CV09-05958 GAF (CTx), and Product Partners, LLC v. Sondra Howard
, CV09-05965 AHM (PJWx)."

AND they attached this paper with 15 lawsuits they have filed for the same thing.

What should I do? Can I ignore them? Should i pay them? I don't have any money to get sued or to get a lawyer. The judgments they got were over like 100K!!!!

HELP!

-Freeman M

[Modee]

You need Modee tech support, badly.

[debbo4038]

Vero takedown-what do I do next?

My auction was taken down due to copyright infringement ebay said. Now I have strike under high severity policy violation.
I had listed a computer program I had gotten from a friend who no longer could use it because they had gotten a new computer. It had the code on the back so I listed it. I normally do not sell computer software mostly clothes. It sold immediately but I never received payment and they pulled it the following day. They didn't suspend me but I do have strike that now shows and could prevent me from powerseller level. What can I do to fight this? I read about counter-notice after I emailed the vero bsa org that took me down. The way I understood the note was that they took me down for one of 4 reasons. It was a bundled software which I do not know or I didn't include the booklet that came inside of it(which I didn't). Can I still fight this?
Any input would be greatly appreciated. Thank you.

[black96impala]

Johnson & Pham letter

I received a Johnson & Pham letter that is demanding I pay them up to $15,000 for copyright infringement so I started doing some resaerch and found your folling post:

If you have received a Cease and Desist letter, or a threat of lawsuit: I have handled this issue for many clients recently. My technique makes it so that yotou pay them nothing. Or, if the info they have goes to a phony company you can just ignore it, but I have a method that makes them give up on you whether they have you located and identified or not. My techniques make them lie down and stop bothering you legally - without the need to hide or worrying about whether they will try to trace you.

Im very interested in finding out about your technique as I have heard of others that have sold a fraction of what I have being demanded to pay 45k or they would "prosecute". I got my letter because a big order I placed was seized by customs and to make it worse I sent half to me and half to my girlfriend so im sure she'll receive a letter as well. They have nothing on her as she didnt purchase or sell anything and im starting to wonder should i even tell them all the info they are asking me for as they only caught me becasue my order was siezed (not ebay or amazon sales). Please get back to me asap as I want/need to get this matter handled immediately. Thank you in advance.

[black96impala]

Im up a creek with the Johnson & Pham letter and could really use some tech support.

[gjarzabek009]

I need tech support please reply to your messages. Thanks!

[prisanri]

I just received an email from Johnson and Pham.

If you have received a Cease and Desist letter, or a threat of lawsuit: I have handled this issue for many clients recently. My technique makes it so that you pay them nothing. Or, if the info they have goes to a phony company, you can just ignore it, but I have a method that makes them give up on you whether they have you located and identified or not. My techniques make them lie down and stop bothering you legally - without the need to hide or worrying about whether they will try to trace you.

General thoughts that might be going through your head:
You are somewhat right about not having to worry about being sued - I mean they need a real person and a real address to file the lawsuit and serve you. But if they really wanted to get at you, they could file the lawsuit against a John Doe, and then demand that EBAY cough up your ISP and go from there with more subpoenas to unearth you. This sort of thing is done all the time to track down software and music piraters who use Limewire, etc.

They can also track you through the people you sold to, if you gave them a real return address and so on - and the payments methods (follow the money).

And big companies will sometimes sue anyone who does not "cease and desist" no matter how small time you are. If its just some competitor, then he would have no standing to ask you to cease and desist unless he has been assigned the trademark rights, which is unlikely. If you follow what I am saying, it is that only the trademark holder or someone with similar rights, such as a wholesaler with exclusive rights to sell or some other right in that area that you are violating, that can demand that you cease and desist in the first place. They must have standing - some legal right that you are violating.

Please help me. I purchased these from a seller on EBAY and resold the P90X now my listing are being removed plus I received a letter from the Johnson & Pham Law Firm. What do I do?

[real567]

How do I get the solution to this issue? Thanks.

[real567]

Modee can you tell me how to handle this problem also?

[deadlifter]

after a friend read this, she's freaking out. she's never sold anything on ebay and started by selling a few DVDs that were thought to be legit. but it doesn't matter - you're potentially getting sued?! Should she offer refund to the 4 or 5 people that bought the DVDs - would this prevent her from getting a nasty letter from the company or help in any way? this situation seems completely absurd!

[liz]

Vero issue - unjustified VERO complaint against me

Hi,
I am a desperate, Ebay silver seller, Top rated,
a while ago my husband acquired about 200 photos of an older porn star from the store in NY that was closing down.

Well, a VERO member claims the copyrights to those photos, of course ebay closed our account for 7 days.

I contacted the alleged copyrights owner, ( in a very professional manner) and asked him to provide me with the VA numbers.
in response, I received a bunch of BS, and threats that he is going to close my account, that he is VERO member, etc, The emails were extremely unprofessional.

I checked with the copyrights office, and that person/company DO NOT own any copyrights ( even dough in the first response, I received he claims that he is a registered copyrights owner)
And to my total amusement when I called ebay - to obtain some proof of the copyrights i.e.VA number, I was informed that Ebay only requires a sworn statement of the copyrights owner, A joke?
That particular porn star has close to a million photos taken. Any idea how to deal with this?
I can not afford to have my store closed, I invested around 10,000 for resale ( antiques, toys, etc)

Thank You so much for your help

[robsut]

You need tech support from Modee for this PM him

[Joet Shortfingers]

I need tech support please reply to your messages. Thanks!

+1

i sent them a pm yesterday. is he still around? I got a letter also and the 10 days is almost up. i need help.

[rx7x24]

Hey I need help quick! Recently I tried to import some your baby can read because I came accross a chinese "wholesaler" website that I thought was legit. I bought multiple pcs and waitied for the package to arrive. After couple weeks I got a letter from customs that my package was being held and is going to be destroyed so I notified my seller and after a while got my money back. I did not try to buy again because I realized that its ILLEGAL! My problem now is that I got a letter from Johnson and Pham demanding $10,000!! After some research I took the advice to just ignore the letter. Now I am being sued in california!! what can i do, I mean im a full time student with student loans work minimum wage job so I cant afford to go down there pay their demand or get a lawyer!! What should I do, should I just wait and let everything happen because I dont have any money anyway?

[John14789]

Did you receive a letter from the state of California asking you to appear in court?