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court summons from usa from ebay items

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  • court summons from usa from ebay items

    Hello, I am in UK, i need advice urgently, i have sold some eye products on ebay and have received a email from usa lawyer about summons and ive 21 days to respond back, it also has pdf files attatched it seems they are going for other sellers also on the file, one big lawsuit on ebay sellers for this product, what is my first move, do i reply back to them, ive been told no, get solicitor, but not sure which way to go, any advice or anyone come across this before and what do you have to do? they sent to my personal add, my name or add was not on the email, if anyone can offer any good advice on what i need to do here i would appreciate it
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  • #2
    Please upload onto here a copy of what you received from the USA lawyer. Before uploading cover up anything that could identify you including any reference numbers used by the lawyers.

    That will help us understand what this is about.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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    • #3
      hello, ive added the first email but there are 6 large files, im not quite sure how to add on here theres too much, my personal info is not on any of this email they sent me, i could email it over to you, theve sent me a schedule, complaint, summons, sealed TRO signed, and PI motion pdf files all very long pages,
      Attached Files

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      • #4
        First of all, don't panic.

        Based on the description and the US lawyer seeking an injunction on behalf of Anti-Age Technologies, I suspect you have been selling products that infringe that company's intellectual property rights or passing it off as a product they own the rights to or have a licence sell.

        Unless and until they have your personal information, they are unlikely to be able to do much more. Sure they might get an injunction in the US ordering you to stop selling the product, but that jurisdiction doesn't extend to the UK. If I recall, the UK does not have a special agreement where it recognises US judgments so they are not that easy to enforce. That law firm would need to bring fresh proceedings against you in the UK based on the injunction they have obtained. The problem is, they might not actually have the rights or licence to sell that particular product in the UK so that judgment may be null and void other than the US.

        Unless you plan on heading over to the US and/or paying for a US lawyer to represent you, I don't think there's much for you to do. It may be that you could ignore it until such a time comes where legal proceedings are threatened in the UK and then you might want to be a little more worried. You may also want to consider whether what you are selling is likely to breach this company's intellectual property rights based on English law here and/or if they have any patents in their name for that product.

        Either way, if you are falling foul of the law, you should consider immediately ceasing selling the product in question. The documents or the motion or summons they have sent you should explain what the basis of the claim and what rights that company has in respect of the product and possibly in other countries as well.
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