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Unintentional infringement

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dvdflix

Junior Member
I am in Indiana.

I purchased some dvds over the internet at a very good price. After several weeks the dvds had not yet arrived I contacted the seller who gave me a tracking number.

The tracking number showed the dvds had come from China and were being held by US Customs. I did not know they were coming from China.

I contacted Customs and was told they were being held on suspicion that they were counterfeit. I again contacted the seller who told me they were not fake and that I should wait a little longer.

I had paid via PayPal and found out that I could still reverse the payment and get my money back so to protect myself I did.

Customs finally sent me a letter saying they destroyed the dvds and Paypal returned my money.

Today I received a letter from an attorney saying he represents the dvd copyright holder and that I an guilty of the following:

1. Federal Trademark Infringement
2. Federal Copyright Infringement
3. False Designation of Origin
4. Trademark Dilution
5. Unfair Business Practices
6. Declaratory Relief
7. Accounting
8. Unjust Enrichment

They are demanding that I send them $10,000 or they will sue me.

Do they have a case against me?
Is this just a tactic to get money from me?
If they do sue, will it be in my City and State?

I did not know the items were counterfeit but from my research it says even unintentional infringement can be grounds for a lawsuit.
 


swalsh411

Senior Member
I've heard of this before. It's a scam and the letter is not really from the copyright holder. Somehow they get a hold of the names and addresses of people whose purchases got intercepted by customs. Just ignore it. You never took possession of the allegedly counterfeit items so there is no possible way you committed any of those crimes. They probably want the money by western union right? They mere fact that they say you are guilty of the crime of "accounting" should be a big clue.
 

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