Should I have to pay a $900 fine for selling workout videos on EBAY?

[rzapitt]

What surprises me is that this law firm emailed me this demand letter, demanding that I stop selling the DVDs, and pay the money. Are you supposed to mail these letters, and not email them?

[justalayman]

they can e-mail them, they can USPS mail them, UPS, Fed EX, send a telegram, walk down to your house, yell out the window, or have your mom tell you.
All they are doing is putting you on notice and making a demand. There are no requirements for how they deliver such a notice unless it is required for some legal action that may follow. If there are no such requirements for anything they may consider, it doesn't matter how they deliver.

Bottom line; you were given the opportunity to avoid a costly situation simply by returning yourself to the same situation you were in before you sold the DVD's, without the profit.

It's not like you are losing anything on this other than your eBay costs.

You have a choice of doing that or quite possibly defending yourself in court, hiring an attorney at thousands of dollars and still owing them thousands of dollars on top of that.

which sounds better to you?

[Zigner]

Originally Posted by justalayman

they can e-mail them, they can USPS mail them, UPS, Fed EX, send a telegram, walk down to your house, yell out the window, or have your mom tell you.
All they are doing is putting you on notice and making a demand. There are no requirements for how they deliver such a notice unless it is required for some legal action that may follow. If there are no such requirements for anything they may consider, it doesn't matter how they deliver.

Bottom line; you were given the opportunity to avoid a costly situation simply by returning yourself to the same situation you were in before you sold the DVD's, without the profit.

It's not like you are losing anything on this other than your eBay costs.

You have a choice of doing that or quite possibly defending yourself in court, hiring an attorney at thousands of dollars and still owing them thousands of dollars on top of that.

which sounds better to you?

If the OP agrees to return the profit, it should be net profit. Thus, no loss

[justalayman]

Originally Posted by Zigner

If the OP agrees to return the profit, it should be net profit. Thus, no loss

you are going to put ideas into the OP's head.

I think OP needs to accept whatever terms the lawyer proposes and be glad that is all they lose.

Even if they won some portion of a suit, OP's costs would far exceed whatever they lost if they give up the gross profits.