Question about trademark infringement? Get free advice!


Questioner

I received an email last Saturday from a law firm on behalf of a well-known brand. Since the end of August I have also been selling some stock that I have for telephone repairs in our new webshop and on Marktplaats. For repairs I buy most of the parts in the Netherlands, but it turns out that small parts turn over 10 times, so I recently started buying them in China, including 20 iPhone 6 batteries. Now it turns out that the well-known logo was on it (and I only just noticed this now). So now I bought 20 batteries, which are fake according to the lawyer, and I sold 3 of them. 3 x 13.95, minus 1.46 stamp and 25 cents packaging. 17 pieces left. I have to send this to a lawyer, pay 1600 euros within a week, and 2500 euros the week after. That can't be possible, can it? I understand that I am wrong, but not in bad faith, really not, at least not for such a small amount. I am really in a state, as this is really a hobby business and I cannot just cough up such amounts of money. Who has advice? Can a lawyer even ask for amounts, he is not a judge? Normally you file a report, you have to appear before the judge, and the judge hands out a punishment. Isn't it right to hand these out in advance?

Lawyer

By importing, offering for sale and selling the (counterfeit) batteries purchased in China with an Apple, you have infringed on Apple's trademark and copyrights and therefore acted unlawfully. Given the infringement, Apple can now claim damages. They will have calculated these for you in the email from their lawyer. If you can prove (with receipts and bank statements) that it was only a one-off action and that you actually only sold 3, then you would be wise to engage a lawyer to try to have the claimed damages dismissed or at least reduced. As a lawyer, I specialize in intellectual property law and have extensive experience with these types of issues. If desired, I would be happy to advise and assist you further. Depending on the extent to which your actions are considered business-related and depending on the level of your income, you may be eligible for subsidized legal aid. The costs of my work are then paid by the state and you only owe me an income-related personal contribution. You can check whether you are eligible for this on the website of the Legal Aid Board. If you have any questions or require legal assistance, please feel free to contact me without obligation and free of charge to discuss what I can do for you and what the costs will be.

Questioner

I am below the limit, I just read on http://www.rechtsbijstand.nl/over-mediation-en-rechtsbijstand/hoeveel-moet-ik-zelf-betalen I have a WIA benefit and last year I lost 5000 with my company Just got financing from qredits, so this year will be even

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