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i got sued because of infringement of intellectual property , what i am supposed to do ?

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king10

Member
Hi , I'm a drop shipper , i was selling a product on ebay which i buy from my supplier in china.before i list any product in my ebay store i check the vero list provided by ebay in this link to check if the product is copyrighted or not https//pages.ebay.com/seller-center/listing-and-marketing/verified-rights- owner-program.htmlm17-1-tb3

i didn't find the brand name in the verified rights owner list then i decided to list the product in my ebay store ,but a few days ago i received an email from paypal (which is the paypemt gateway of ebay) that says :

Dear... , We received a court order on July 16, 2018, affecting your access to your PayPal account due to possible infringement of intellectual properties of Finishing Touch. Until further notice, your ability to send payments, receive payments, withdraw funds, or access the funds in your PayPal account has been limited. A judgment order may follow and require us to take further actions on the funds in your PayPal account. If you have any questions about this infringement action, it is important that you contact the plaintiff's representative outlined below to respond to this issue Epstein Drangel LLP mailipcounselors.com Court order details Court U.S. District Court for the Southern District of New York Plaintiff Finishing Touch Court case number Ideavillage Products Corp v 29shyans2012 et al Case No. 18-cv-6266 If you have any questions, please contact us by clicking Help at the bottom of the PayPal homepage.
Sincerely,
PayPal
then i got this email too from ipcounselors :
Dear Sir/Madam, Notice of Lawsuit and Order to Show Cause Civil Case No. 18-cv-6266 AT Ideavillage Products Corp. v. 29shyans2012, et al. We are legal counsel to Ideavillage Products Corp. Plaintiff or Ideavillage. This letter serves as notice that a lawsuit has been filed by Ideavillage against you Defendant in the United States District Court for the Southern District of New York, Case No. 18-cv-6266 AT Lawsuit. All relevant documents can be accessed and downloaded below. On July 11, 2018, the Court entered an ex parte Temporary Restraining Order, Order Restraining Assets and Merchant Storefronts, Order to Show Cause Why a Preliminary Injunction Should Not Issue, Order Authorizing Service by Electronic Means and Order Authorizing Expedited Discovery against Defendants Order.


Pursuant to the Order, Defendant is ordered to appear before Judge Analisa Torres in Courtroom 15D of the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York on Wednesday, July 25, 2018 at 200 p.m. EST and show cause why a preliminary injunction should not issue against Defendant Show Cause Hearing. Please be advised that Defendants failure to appear at the Show Cause Hearing may result in the imposition of a preliminary injunction against you, which may extend throughout the length of the Lawsuit. All documents relevant to the Lawsuit can be accessed and downloaded via the following links http//www.ipcounselorslawsuit.com/ideavillage-29shyans/ https//www.jianguoyun.com/p/DXziKKcQ4YjABhi84GI https//largemail.r1.rpost.net/files/9gE2f1JnAEOCFmheAGqL9niwFfgaKN1x4P9LxiJx/l n/en-us Please also be aware that if Defendant fails to respond to the Complaint within twenty-one 21 days from the date of this letter, it will be in default, and the Court can issue a default judgment against Defendant awarding financial damages and a permanent injunction.

Since we represent Ideavillage, we are unable to provide you with legal advice. Accordingly, we strongly advise that you retain an attorney to assist you in this Lawsuit.

Further, in order to engage in any communications regarding the Lawsuit, including any settlement discussions and/or questions, you or your attorney MUST respond to this notice VIA EMAIL at mailipcounselors.com OR VIA THE MESSAGE BOX ON THIS LAWSUIT WEBSITE http//www.ipcounselorslawsuit.com/ideavillage-29shyans/.

Please clearly identify the name of your User Account in the subject line of any and all emails or in the message box, and include your preferred email address or the contact information for your attorney to use for all future communications.

I tried to contact the plaintiff's many times via the email above to ask for apologize because i didn't knew that i infringed their property and for trying to find a solution but i didn't get any reply from them .

my question is how can i get my paypal account back ? and how do i know if it is a fair use or not ?
any other advice is appreciated .

P.s : i am not a US citizen.
 


PayrollHRGuy

Senior Member
Are you 100% sure the email came from PayPal?

Go look at it and post the domain information of the sender's email. That is the stuff after the @. DO NOT POST THE ENTIRE EMAIL ADDRESS.
 

quincy

Senior Member
In what country do you reside?

This is a trademark infringement action not a copyright infringement action.
 

quincy

Senior Member
There are a lot of defendants listed. The claim is that the product(s) marketed on eBay are counterfeits.

king10, you will need to find an IP attorney in your area to address the lawsuit.
 

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