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Author Topic: Do not try to sell your baby can read 5 DVD set on EBay  (Read 37534 times)
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pakkawalan
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« on: April 13, 2011, 03:59:40 AM »

       Last 3 months, I posted your baby can read 5 DVD set on EBay. Next day, the system told me that your baby can read 5 DVD set is fake and removed my posted. So I send them the email for the detail. I kept waiting 1 month but nothing happen, then I sold it by craigslist.  mad
       
       Last week, I got the letter from Lawer company about Trademark and Copyright Infringement: YOUR BABY CAN READ! - Sale of Counterfeit Your Baby Can Products on Ebay

      Here is some word in that letter:
   
      We have been authorized to tender the following demand to you on behalf of Your Baby Can based upon your intentional infringement of its intellectual property rights:
1) You must agree, in the format and manner set forth in the enclosed affidavit, to warrant and represent that you will not, at any point in the future, utilize any Your Baby Can’s intellectual property without authorization, and that you will not engage in any transactions with merchandise that bears or purports to bear, or includes or purports to include, any intellectual property or marks owned by Your Baby Can, including, but not limited to, any Your Baby Can Read!®-branded products or services.
2) You must immediately cease and desist all copying, manufacturing, importing, distribution, sale, offering for sale and/or marketing activity with respect to any counterfeit or unauthorized Your Baby Can products, including any Your Baby Can Read!®-branded products.
3) You must provide to this firm for destruction all inventory of any product utilizing any intellectual property owned by Your Baby Can, including all Your Baby Can Read!®-branded products, and delete or otherwise destroy all digital copies you may have of same.
4) You must send payment in the sum of Nine Hundred Nineteen Dollars and Thirty-Two Cents ($919.32) to Your Baby Can, made payable to Johnson & Pham, LLP, Client Trust Account, to compensate the company for its costs (investigative andlegal), as well as the damages sustained by the company as a result of your willful infringement of its intellectual property rights.
 
 Please do not contact this firm with any excuse or attempted justification for your trafficking in counterfeit goods. In short, we have heard all the excuses before, and do not have the time or inclination to hear them again. Along with your payment of $919.32, please fill out and mail the enclosed affidavit to our office within ten (10) days of receipt of this letter. All payments shall be made payable to Johnson & Pham, LLP, Client Trust Account.


   






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pakkawalan
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« Reply #1 on: April 13, 2011, 04:11:01 AM »

    I was so scared. It 's no reason to pay much money.
    I was called ebay support but they told me to call the lawer company and ask for monthly payments!!!!   >Sad     
   Just a small photo on ebay post, How can they prove it fake???

   I do research on google and I found a lot of people who post the set on ebay got this email / letter same among money from lawer company. Some paid some didn't pay, For me I didn't pay and ignore damm letter.  Until now I didn't hear any response from them  mad


   Anyway, just let you know that Do not sell  your baby can read 5 DVD set on EBay


good luck  big grin
   


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TeachingMyToddlers
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« Reply #2 on: April 13, 2011, 01:29:57 PM »

How scary! I hope this legal issue turns out to be nothing.

I purchased YBCR from CL, new sealed and in the box. How could anything be wrong with it, it was sealed in the package, right!? Well, it turned out to be a counterfeit and had some typos, like a flashcard that said "UmBERlla." I paid way to much for a knock off and had to contact the seller who apparently had "no idea" rolleyes because he got it "from daycare going out of business." I later looked on CL and he had lots of fitness DVD's posted too. There must have been some fit kids at that day care!



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waterdreamer
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« Reply #3 on: April 13, 2011, 02:18:37 PM »

Really? How is that allowed? Did you state that it was a used set. Hopefully nothing comes of this.

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Kballent
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« Reply #4 on: April 13, 2011, 05:27:09 PM »

Wow, I'm sorry!

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Twinergy
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« Reply #5 on: April 14, 2011, 02:55:09 AM »

Hmm, are Johnson & Pham, LLP running a scam?  Have you tried a google search for them?  Did the letter come certified?  If not they have not properly served you and can't prove you even got it so I don't think you are obligated to pay.   Even if it is legit I don't see how they have any evidence to prove you did anything wrong from what you said. 

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annisis
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« Reply #6 on: April 14, 2011, 04:02:06 AM »

Do you still have contact for the person that you sold it to? Maybe keep a copy of the barcode on the box on hand and take photos of the product?

This world is driving me nuts. Everybody wants a piece of the pie these days!

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arminta7
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« Reply #7 on: April 14, 2011, 04:05:58 AM »

If you just google their name you'll find there are many many many many other people who have received letters just like you. I've read a few of them and the advice is always the same. Ignore them.

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Sarah108
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« Reply #8 on: April 14, 2011, 09:52:10 AM »

I agree with Twinergy - I think this is a scam or if not, I would just ignore them. It's totally concerning that this is happening though, and I am sure this has given you sleepless nights!

I really hope you manage to get to the bottom of this - sorry for this happening to you!



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Mae_Jakob_Ka
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« Reply #9 on: April 14, 2011, 12:28:10 PM »

Khun Som??

That sounds crazy! Have you tried to check if the law firm in question is ligimate?
It could be a scam like others posted.

Elle

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« Reply #10 on: April 17, 2011, 06:10:32 PM »

A little bit off topic, but did you think the 5th one was worth it?  I have 1-4 but have heard the 5th was only a review.

Thanks
Kaysha

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waterdreamer
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« Reply #11 on: April 17, 2011, 09:44:12 PM »

I think out of all of them, the fifth is the one I would want.

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TracyR4
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« Reply #12 on: April 17, 2011, 11:45:53 PM »

You could just get away with just the 5th one if you have a really young child. I needed all 5 for my daughter because she is 4 and needed the change in videos otherwise it would have never of gone well. Even though many of the same words were brought into the next video she thought it was something different so she was more willing to sit.

I would say the first four videos are more important to me than the 5th. The 5th does introduce a few more words in it but it contains almost all of the words from 1-4. But not all of them.

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« Reply #13 on: April 18, 2011, 12:34:13 AM »

Read the first post...that is scary but I wouldn't pay it could also be a scam. Either way I dont think they are going to come after you. What company is going to tell you dont bother trying to dispute this just send over you hard earned money...sorry sounds like a scam. There are a lot of those that go around if you download off the internet or even sell products on ebay.

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ShenLi
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« Reply #14 on: April 18, 2011, 11:18:14 AM »

Hi pakkawalan,

I found this online:

http://trademarksprotected.com/tag/your-baby-can-read/

Looks like you can ignore it and don't send any money. You were only selling a used copy and you can't really profit from reselling one set. According to the post above, you can also report the law firm to the Better Business Bureau (http://www.bbb.org/us/) because what they are doing is harrassment. They cannot demand money from you just for reselling an item you no longer want.

Hope that helps.

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