Where do I stand if my supplier sent me counterfeit goods andI re-sold them not knowing that they were counterfeit?

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Where do I stand if my supplier sent me counterfeit goods andI re-sold them not knowing that they were counterfeit?

I received a 2 letters from a company in Australia, NSW Their legal team want me to pay $2,500 per letter for selling counterfeit goods online ($5,000 total). They brought 2 items from me and took photos of them and use them as evidence for major international companies. I would never sell “copied” or “counterfeit” goods. I dropship from China and never see the goods.

Asked on December 1, 2010 under Business Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you may need to have an attorney in your area help review this matter with you.  Your claim that you only drop ship and never sethe goods won't really matter as you have now helped to transport them internationally it appears.  You have to take some responsibility for the cargo. You can not just drop ship illegal materials, especially internationally.  Maybe there are bigger fish to fry here and an attorney can help sort that through.  And you need to figure it out for your own sake if you are going to continue to be in this type of business. You need to sort through the reputable sellers from those that help to put you in this position.  Good luck.


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