What do I do if I have been accused of trademark counterfeiting & infringement on eBay...?

Question

I recently posted an NFL football jersey on eBay. eBay took the listing off saying it was trademark counterfeiting and infringement.. Now I've received an email from a lawyer representing Adidas/Reebok saying I have to surrender the item, give them info on where I got it, and pay them $450, or I may be held liable, and they may take legal action against me. This amount is 'based upon your profits and adidas’ attorneys’ fees and costs in connection with your sale of the Illegal Merchandise.'

If I didn't know this was counterfeit, am I still liable for all of this? I thought I was just selling something I didn't want. The jersey had Reebok tags, the NFL hologram, and looks absolutely authentic. I thought it was. How can they determine it isn't from a picture and listing on eBay, and what should I do? I can not afford to pay them $450, and I no longer have the jersey.

Answer 1

Contact an attorney.  If they never authorized a jersey like the one you posted, they can tell it is not legit.  That said, the fact you received an e-mail instead of a Certified letter is suspicious to me.

Answer 2

It sounds like a big scam to me.  I would contact Ebay directly to verify this information.

Answer 3

Remove the listing, but under no circumstances should you send this person anything.  If they are a real lawyer, let them follow through on their threat and go from there.  They can't sue you via e-mail.

Answer 4

Hello,

I would instruct the person who sent you the e-mail to proceed with a Civil Trial (and provide absolutely no other information) or not respond at all. Did you provide your e-mail address in the E-bay ad? It could be that the same person also flagged the item as trademark counterfeiting and infringement is not in fact an attorney and is attempting to make a quick few dollars of you. A good attorney would send such a letter via mail and would include a settlement offer indicating that payment would relieve you from any further action.  

Answer 5

Sounds like a scam to me.  I wouldn't pay them a thing.

Where did you get this shirt anyway?  Have you sold others like it to make them think you are selling counterfeit items?

fs