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

[rzapitt]

Pennsylvania

About a month ago I was at my local mall and noticed a store was selling P90x dvd sets for $50, almost half price. For all that do not know, this is a popular excercise video that is sold on infomercials. I decided to buy a bunch and sell them on ebay for a profit, I sold about 7 of them until ebay shut my listings down, claiming I was selling counterfiet products. I had no idea these were counterfts. I bought them from a store in one of the largets malls in the east coast. Regardless, I stoped selling them. A month goes buy and I get a letter from a Law firm representing the P90x company demanding that I stop manufacturing and selling the dvds, and also pay $893.00! I have receipts showing that I paid for these at the store, along with sales tax.

 

[Zigner]

Pennsylvania

About a month ago I was at my local mall and noticed a store was selling P90x dvd sets for $50, almost half price. For all that do not know, this is a popular excercise video that is sold on infomercials. I decided to buy a bunch and sell them on ebay for a profit, I sold about 7 of them until ebay shut my listings down, claiming I was selling counterfiet products. I had no idea these were counterfts. I bought them from a store in one of the largets malls in the east coast. Regardless, I stoped selling them. A month goes buy and I get a letter from a Law firm representing the P90x company demanding that I stop manufacturing and selling the dvds, and also pay $893.00! I have receipts showing that I paid for these at the store, along with sales tax.

What did the folks at the store say when you returned to get your money back for the remaining copies?
What did the police say when you filed your report with them regarding the store?

 

[rzapitt]

I have no remaining copies, they have all been shipped and sold. You suggest I go to the police? The law firm that has contacted me is only interested in knowing where I purchased these from. They said they would reduce the fine if I notified them where I bought the DVDs from, but I feel that I should not have to pay a penny...

 

[Zigner]

I have no remaining copies, they have all been shipped and sold. You suggest I go to the police? The law firm that has contacted me is only interested in knowing where I purchased these from. They said they would reduce the fine if I notified them where I bought the DVDs from, but I feel that I should not have to pay a penny...

What did the store say when you told them the DVD's were fake?
What did the police say when you reported this?

C'mon - I think you may be fine...but I can't believe that, in a month's time, you NEVER thought to talk to the folks at the store (at least)

 

[rzapitt]

If i go and talk to the folks at the store, they might get nervous and stop selling the DVDs and I may not have a case against them.

 

[justalayman]

If i go and talk to the folks at the store, they might get nervous and stop selling the DVDs and I may not have a case against them.

well, presumably you have receipts to prove you purchased them at the store, yes?

If it were me, I would purchase another one, not open it and attach the receipt to it. Then, contact the attorney that wants the money and tell him you were an innocent victim in the stores plot and if they were drop their demands, you will turn over the name of the store and the recently purchased video and receipt.

 

[rzapitt]

justalayman
Thanks for the advice. I have already emailed the attorney with detailed pictures of my product, in which the firm confirmed that they were pirated DVDs. I refused to tell them where I bought them from at first. Then the lawyer on the phone stated that If I tell them where they were purchased from, I would only have to pay back my profits from selling them on ebay. Even though my profits are only like $150, I dont feel that I should pay a dime....This mall is one of the largets malls in the east coast, I feel that they should be responsible...not me

 

[racer72]

justalayman
Thanks for the advice. I have already emailed the attorney with detailed pictures of my product, in which the firm confirmed that they were pirated DVDs. I refused to tell them where I bought them from at first. Then the lawyer on the phone stated that If I tell them where they were purchased from, I would only have to pay back my profits from selling them on ebay. Even though my profits are only like $150, I dont feel that I should pay a dime....This mall is one of the largets malls in the east coast, I feel that they should be responsible...not me

The mall did not profit from the illegal sales on eBay, you did. You are just as liable as the retailer at the mall.

 

[rzapitt]

The mall is allowing this illegal sale to happen in one of their stores though?

 

[justalayman]

justalayman
Thanks for the advice. I have already emailed the attorney with detailed pictures of my product, in which the firm confirmed that they were pirated DVDs. I refused to tell them where I bought them from at first. Then the lawyer on the phone stated that If I tell them where they were purchased from, I would only have to pay back my profits from selling them on ebay. Even though my profits are only like $150, I dont feel that I should pay a dime....This mall is one of the largets malls in the east coast, I feel that they should be responsible...not me

How can you argue simply giving up any profit? The fact is, the dvd's were illegal so why would you believe you have any right to retain PROFIT that is really due the rightful owner of the P90x stuff?

 

[justalayman]

The mall is allowing this illegal sale to happen in one of their stores though?

I'll bet short lived after that attorney gets ahold of them.

 

[rzapitt]

I had no idea the DVDs were pirated. If I knew this, i would not have sold em online. I figured I was buying ligitimate items from this store.

 

[Zigner]

I had no idea the DVDs were pirated. If I knew this, i would not have sold em online. I figured I was buying ligitimate items from this store.

Unfortunately (for you) lack of fore-knowledge is not a defense.

 

[rzapitt]

From what the firm said, If i tell them where I bought these from, and sign some papers, and pay my profits back, they said they would "throw out my file" Maybe I should just do this....?

 

[Zigner]

From what the firm said, If i tell them where I bought these from, and sign some papers, and pay my profits back, they said they would "throw out my file" Maybe I should just do this....?

That's your choice.