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Trademark Infringement on an Auction Site

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K

kawawangBata

Guest
What is the name of your state? What is the name of your state? CA

I was given a designer purse for my birthday 7 years ago and the lady who gave it to me has already died. I always thought it was authentic. I put up the purse for auction a couple of days ago and it was cancelled because the lawyers of the Trademark owner emailed me, demanding a receipt and to turn in the purse. I had no clue that it was not real. What can I do in order to avoind getting sued, providing I do everything they ask of me. They wanted me to provide the name of the lady who gave it to me, but she was a friend of my mother's (she's a live-in nurse) and I did not really know her personally. Thanks for all the help.
 


ALawyer

Senior Member
What makes you think it is not real? And if the gift giver is dead, there is not much they can do to her, is there?

It is hard for me to imagine that your mere possession of the article -- even if counterfeit -- under the circumstances you described would get you in trouble. But of course anyone who monitors their goods mark that carefully is liable to do anything. Yet, you can say you'd allow them to examine it, but it is yours and if it is not genuine you would agree not to sell it.
 
K

kawawangBata

Guest
Thank You Alawyer, You hit it right on the spot. After I had replied to their email as per their instructions on their decist letter, they said that I may keep the purse as long as I refrain from selling it OR I could send it back to them for destruction. I was just really disappointed that it wasn't real, as I always thought it was. The gal at the store informed me of certain "features" that makes this one particular brand distinguishable from other high end brands. Now I know. Thanks for your help.
 

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