You will probably need to disclose where you purchased the software which you resold. If you can show that you were a victim and show where the source was I would suspect that MS will drop any action against you as they would be better going after the bigger fish.
I have been selling what I believed to be genuine Microsoft software on eBay, (professional, ultimate and home premium) I had a few complaints and had to refund a few costumers as they said it wouldn't activate Etc.. I have now received a letter from Microsoft stating they have had agents on my account bits my products and having them sent to be forensically tested, results coming back as counterfeit. They are sueing me for this but I had no idea about anything and feel scammed myself, anyone has any advice suggestions or anything? Gladly welcomed, in need of help! Thanks.
Thanks for the replies, I need all the help I can get on this.. It states in my letter though that ..
'It does not matter if you were not aware that the products in which you dealt were unlicensed'
I brought the software via a site called Ali express after seeing it advertised on the tv, I sold quite abit of it but gambled all my earnings so am in a very big predicament. If I don't comply with them they say court is inevitable. The letter also goes on to say, 'The reason in which we are writing to you is that we have serious concerns over the manner in which you deal and have dealt in Microsoft products. In perticular, we have obtained evidence that shows that you (and/or an agent or employee working on your behalf) have infringed Microsoft's trade Marks and/or copyright and are passing off unlicensed products of being genuine Microsoft products.'
It is not a warning letter, it's very serious.. I need to call them on Monday to speak to them then they want to meet in person to discuss things further, How do I approach them? I don't know what to say to them as don't want to get myself in more trouble than maybe necessary.. Thanks,
The first thing to say is that nobody in this forum is qualified to offer you legal advice. If you have received notice of an action for trade-mark infringement you would be well advised to consult a lawyer.
Trade mark infringement is a serious matter, and Microsoft pursues such cases vigorously.
It's impossible not to wonder why, if you were buying software at a heavily discounted price for resale, you didn't at some point question the legality of the products you bought. Genuine Microsoft software isn't going to be sold at knock-down prices by companies based in China, so anything you buy from such a source deserves careful examination. That much is commonsense, and so Microsoft may well try to claim that you were well aware you were selling counterfeit products. This is called 'passing off' and can result in an action for damages by the owner of a trademark.
You must decide what you want to do next, but my advice is that you talk to a lawyer as a matter of urgency.
Having just looked at the Ali Express website and thus having seen the prices they are charging for software, I am amazed that you could have believed they were selling genuine products.
(Added to the other thread before I became aware of this one.)
Something odd about this posting to me. First post by the member and why ask us. Not ringing true to me or am I paranoid.
"...am I paranoid." Perhaps you are.
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