b****a
发帖数: 460 | 1 【 以下文字转载自 Law 讨论区 】
发信人: bbcvoa (An), 信区: Law
标 题: 非法销售ADODE PHOTOSHOP
发信站: BBS 未名空间站 (Thu Nov 1 21:58:56 2012, 美东)
大家好，小弟在此请教大家一个问题。
前几天我在ebay上销售2份ADOBE PHOTOSHOP CS6 软件，价值350美元。该软件我是从
别处合法购买，由于不再需要，就挂在ebay上出售。
今天突然收到一份来自ADOBE代理律师的email警告信，要求我终止销售，还要在10天内
上缴1200美元罚款，否则就采取进一步法律行动。
现在的问题是我合法购买的软件在ebay上销售，觉得没有什么问题。我不知道是否应该
缴纳该罚款。如果不理它，我担心他们会给我的家里地址发正式的律师信。
在此请教大家如何处理，谢谢
Re: Sale of Counterfeit and/or Unauthorized Sale of Adobe. Software
Products
Dear XXX:
This firm is counsel to the Software & Information Industry Association (
SIIA)1, the
principal trade group for the leading software and content publishing
companies in the United
States, with respect to intellectual property matters. We write on behalf of
SIIA member –
Adobe Systems Incorporated (hereinafter “Adobe”), which is the source of
and owner of
exclusive distribution rights in and to the Adobe. line of software products
, including but not
limited to, Adobe Photoshop CS6. Adobe owns all intellectual property rights
in and related to
the Adobe.- and Acrobat.-branded software products.
1 SIIA’s members include Adobe Systems Incorporated, among others.
(See: http://joomlatest.siia.net/index.php?option=com_content&view=article&id=156&Itemid for a complete list of
SIIA member companies).
As you are likely aware, Adobe expends substantial time, effort and costs
in the
development, marketing and sales of its Adobe.-branded software products,
and has built up
substantial consumer recognition and goodwill in the Adobe. marks and works.
Especially in
light of this investment and the resulting goodwill and reputation acquired,
Adobe considers its
intellectual property to be of utmost importance, and cannot and will not
allow infringement of
its trademarks or copyrights and any other violations of its rights whether
under federal or state
law or under its license agreements.
We have recently learned that you are engaged in the unlawful offering for
sale, sale,
distribution and/or otherwise making available of Adobe.-branded software
products in
violation of the federal Lanham Act (15 U.S.C. §§1114 and 1125), the
federal Copyright Act (17
U.S.C. § 106, et seq.) and/or in breach of Adobe’s license agreement. Both
the Copyright and
Lanham Acts afford aggrieved rights owners substantial remedies, including
actual or statutory
damages, which can range up to or exceeding three times the amount of the
owner’s actual
damages, as well as costs and attorney’s fees. In addition, the illegal
copying, marketing, sale
and/or distribution of Adobe.-branded products or unauthorized sales thereof
in disregard of
Adobe’s license agreement, violates various other federal and state law,
including California
statutory and common law unfair competition, which remedies can include an
accounting and
punitive damages, as well as damages for breaching Adobe’s license
agreement forbidding any
resale of Adobe software products.
We have been authorized to tender the following demand to you on behalf of
SIIA and
Adobe based upon the aforementioned violations:
1) You must immediately cease and desist all unauthorized copying,
manufacturing,
importing, advertising, marketing, offering for sale, selling and/or
distributing activity
with respect to any Adobe products, including but not limited to Adobe.- and
Acrobat.-branded software products.
2) You must forfeit to this firm all counterfeit or unauthorized copies in
your possession,
custody or control utilizing any intellectual property owned by Adobe,
including but
not limited to all Adobe.- and Acrobat.-branded software products, and
delete or
otherwise destroy all digital copies which you may have.
3) You must represent and warrant, in the format and manner set forth in the
enclosed
affidavit, that at no point in the future will you make any unauthorized use
of Adobe’s
intellectual property, including any and all copying, manufacturing,
importing,
advertising, marketing, offering for sale, selling and/or distributing
activity with
respect to Adobe.-branded software products.
4) You must pay One Thousand Two Hundred Dollars ($1,200.00) by certified
check
made payable to Johnson & Pham, LLP - Client Trust Account, to compensate
Adobe
for its investigative and legal costs, as well as the damages sustained by
Adobe as a
result of your infringement and/or unauthorized use of its intellectual
property rights.
It is imperative that you respond to the demands listed above immediately
upon receipt of
this letter. Along with your payment of $1,200.00, we require that you fill
out and mail the
enclosed affidavit to our office. Failure to respond or to comply with these
demands within ten
(10) calendar days of your receipt of this letter may result in SIIA taking
legal action to enforce
Adobe’s rights.
We anticipate your prompt attention and cooperation to resolve this matter
as quickly as
possible.
Yours truly,
JOHNSON & PHAM, LLP
Ani S. Garibyan, Esq.
Attorneys for Adobe Systems Incorporated
Enclosures
I, xxx, hereby represent and warrant under penalty of perjury that:
1. I recognize that Adobe Systems Incorporated (hereinafter “Adobe”) owns
all intellectual
property and other rights in and to the Adobe. line of products and services
, including, but not
limited to, Adobe Photoshop CS6.
2. I have withdrawn all products that include or use any marks or other
intellectual property
owned by Adobe, including any Adobe Photoshop CS6 (“Infringing Merchandise
”) from
eBay.com and all other venues; and I will surrender all Infringing
Merchandise in my possession
or control to Johnson & Pham, LLP.
3. My eBay.com Seller ID(s) is: ____________________________________________
___
4. I have ceased all use of, and will never again advertise, import, copy,
manufacture, offer
for sale, sell, or otherwise distribute any product or service that utilizes
, or otherwise make any
unauthorized use of (a) any marks or other intellectual property owned by
Adobe, including all
intellectual property relating to Adobe Photoshop CS6; and/or (b) any mark,
logo, design,
symbol, other identifier or work that is confusingly or substantially
similar to any intellectual
property owned by Adobe in any manner and in any venue, including, but not
limited to,
eBay.com.
5. My use of Adobe’s intellectual property encompasses only my sale or
distribution of
______ pieces of Infringing Merchandise for which I received $_____________
for all such
sales; my profits from these sales were $_____________.
6. I purchased ______ pieces of Infringing Merchandise at a cost of $_______
______. My
supplier(s) for the Infringing Merchandise and its (their) contact
information is:
____________________________________________________________________________
__
____________________________________________________________________________
__
7. I have made monetary payment of $1,200.00 to Adobe either by certified
check or money
order, made payable to Johnson & Pham, LLP, Client Trust Account, based upon
my profits and
Adobe’s attorneys’ and investigative fees and costs in connection with my
sale of the Infringing
Merchandise in exchange for the release herein. Adobe’s release is limited
only to the sales and
distributions as represented and warranted in item 5., above. I understand
that to the extent any
of the representations and warranties provided herein are false or
inaccurate, Adobe’s release is
null and void and it will be free to pursue legal action against me based
upon any unauthorized
use of Adobe’s intellectual property.
IN WITNESS THEREOF, I agree to the foregoing:
Date: __________________________________________
Print Name: _____________________________________
Signature: _______________________________________
Ani S. Garibyan, Esq.
JOHNSON & PHAM, LLP
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Tel: 818.888.7540
Fax: 818.888.7544
a*******[email protected]
www.johnsonpham.com | a******9
发帖数: 2979 | | l****o
发帖数: 777 | | q******2
发帖数: 868 | | d*o
发帖数: 2345 | | b****a
发帖数: 460 | 6 这个是他们的公司签名
Ani S. Garibyan, Esq.
JOHNSON & PHAM, LLP
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Tel: 818.888.7540
Fax: 818.888.7544
a*******[email protected]
www.johnsonpham.com
貌似不像是假的 | e****5
发帖数: 1675 | 7 if you google this company, there are many interesting stuff. | a******9
发帖数: 2979 | 8 有可能借用啊．
打电话过去直接问．
【在 b****a 的大作中提到】
: 这个是他们的公司签名
: Ani S. Garibyan, Esq.
: JOHNSON & PHAM, LLP
: 6355 Topanga Canyon Boulevard, Suite 326
: Woodland Hills, California 91367
: Tel: 818.888.7540
: Fax: 818.888.7544
: a*******[email protected]
: www.johnsonpham.com
: 貌似不像是假的
| w**********9
发帖数: 525 | | a******9
发帖数: 2979 | 10 I also was contacted by this same law firm back in January. I called and
talked to them about it. They had gotten my information from Ioffer where I
had purchased 3 P90X sets from someone who they were suing. The attorney had
a list of everyone who had purchased from this guy. He asked me what I did
with them and I told them I kept one for myself and the other 2 were gifts.
He asked me to send the one that was mine back to them and he said it would
be dropped. Never asked for a dime. I know use a stealth Ioffer account to
avoid this problem from ever happening again! | | | a******9
发帖数: 2979 | 11 google上的
这个公司是真的．根据大家的经验．ignore it
I
had
did
.
would
【在 a******9 的大作中提到】
: I also was contacted by this same law firm back in January. I called and
: talked to them about it. They had gotten my information from Ioffer where I
: had purchased 3 P90X sets from someone who they were suing. The attorney had
: a list of everyone who had purchased from this guy. He asked me what I did
: with them and I told them I kept one for myself and the other 2 were gifts.
: He asked me to send the one that was mine back to them and he said it would
: be dropped. Never asked for a dime. I know use a stealth Ioffer account to
: avoid this problem from ever happening again!
| q******2
发帖数: 851 | | t*********h
发帖数: 941 | 13 english is good
【在 b****a 的大作中提到】
: 【 以下文字转载自 Law 讨论区 】
: 发信人: bbcvoa (An), 信区: Law
: 标 题: 非法销售ADODE PHOTOSHOP
: 发信站: BBS 未名空间站 (Thu Nov 1 21:58:56 2012, 美东)
: 大家好，小弟在此请教大家一个问题。
: 前几天我在ebay上销售2份ADOBE PHOTOSHOP CS6 软件，价值350美元。该软件我是从
: 别处合法购买，由于不再需要，就挂在ebay上出售。
: 今天突然收到一份来自ADOBE代理律师的email警告信，要求我终止销售，还要在10天内
: 上缴1200美元罚款，否则就采取进一步法律行动。
: 现在的问题是我合法购买的软件在ebay上销售，觉得没有什么问题。我不知道是否应该
| d******n
发帖数: 2425 | 14 不象真的
【在 b****a 的大作中提到】
: 这个是他们的公司签名
: Ani S. Garibyan, Esq.
: JOHNSON & PHAM, LLP
: 6355 Topanga Canyon Boulevard, Suite 326
: Woodland Hills, California 91367
: Tel: 818.888.7540
: Fax: 818.888.7544
: a*******[email protected]
: www.johnsonpham.com
: 貌似不像是假的
| b***3
发帖数: 1482 | 15 直接告诉他看不懂英文
让他发个中午的律师函过来看 | k****o
发帖数: 1579 | 16 应该没事吧，ebay上好多人卖呢，难道都收到了？ | a****n
发帖数: 1119 | 17 应该发个韩文的
【在 b***3 的大作中提到】
: 直接告诉他看不懂英文
: 让他发个中午的律师函过来看
| s***a
发帖数: 4921 | 18 我室友就寄了1200给这个公司
亏死了
【在 q******2 的大作中提到】
: 总有些傻瓜会送钱和送上门的。
| b****a
发帖数: 460 | 19 你舍友真有钱
【在 s***a 的大作中提到】
: 我室友就寄了1200给这个公司
: 亏死了
| a******9
发帖数: 2979 | | | | b****a
发帖数: 460 | 21 综合研究了下，这家法律公司是真的，不是骗钱的。
他们也从ebay取得了销售证据，不然不会知道我的家庭住址；或者它假装成顾客来购买
我的软件以取得相关个人信息。
很多人有和我类似的经历：
http://www.justanswer.com/intellectual-property-law/3fpss-email
您可以选择ignore Email（你完全可以说你没有收到Email），但是如果他们通过USPS
发送certified mail（这种mail只要你签收了，就没有理由说你没有收到了，USPS会保
存你的接收证据），你可能必须要认真对待了，因为此情况再忽略的话，他们可以采取
法律行动，到时候你可能真要支付高额的律师费了。
但是根据first-sale doctrine【感谢anticynicism (猫儒主义)】，只要你的软件是合
法购买，而不是盗版或者非法复制，你完全可以合法resale。
参考以下信息：
http://www.justanswer.com/law/52yd2-wiser-ignore-pham-llp-law-f
我个人的结论是：只要你销售的软件不是盗版或者非法复制品，你就不用担心人家的
控告。
【 以下文字转载自 Law 讨论区 】
发信人: bbcvoa (An), 信区: Law
标 题: 非法销售ADODE PHOTOSHOP
发信站: BBS 未名空间站 (Thu Nov 1 21:58:56 2012, 美东)
大家好，小弟在此请教大家一个问题。
前几天我在ebay上销售2份ADOBE PHOTOSHOP CS6 软件，价值350美元。该软件我是从
别处合法购买，由于不再需要，就挂在ebay上出售。
今天突然收到一份来自ADOBE代理律师的email警告信，要求我终止销售，还要在10天内
上缴1200美元罚款，否则就采取进一步法律行动。
现在的问题是我合法购买的软件在ebay上销售，觉得没有什么问题。我不知道是否应该
缴纳该罚款。如果不理它，我担心他们会给我的家里地址发正式的律师信。
在此请教大家如何处理，谢谢
Re: Sale of Counterfeit and/or Unauthorized Sale of Adobe. Software
Products
Dear XXX:
This firm is counsel to the Software & Information Industry Association (
SIIA)1, the
principal trade group for the leading software and content publishing
companies in the United
States, with respect to intellectual property matters. We write on behalf of
SIIA member –
Adobe Systems Incorporated (hereinafter “Adobe”), which is the source of
and owner of
exclusive distribution rights in and to the Adobe. line of software products
, including but not
limited to, Adobe Photoshop CS6. Adobe owns all intellectual property rights
in and related to
the Adobe.- and Acrobat.-branded software products.
1 SIIA’s members include Adobe Systems Incorporated, among others.
(See: http://joomlatest.siia.net/index.php?option=com_content&view=article&id=156&Itemid for a complete list of
SIIA member companies).
As you are likely aware, Adobe expends substantial time, effort and costs
in the
development, marketing and sales of its Adobe.-branded software products,
and has built up
substantial consumer recognition and goodwill in the Adobe. marks and works.
Especially in
light of this investment and the resulting goodwill and reputation acquired,
Adobe considers its
intellectual property to be of utmost importance, and cannot and will not
allow infringement of
its trademarks or copyrights and any other violations of its rights whether
under federal or state
law or under its license agreements.
We have recently learned that you are engaged in the unlawful offering for
sale, sale,
distribution and/or otherwise making available of Adobe.-branded software
products in
violation of the federal Lanham Act (15 U.S.C. §§1114 and 1125), the
federal Copyright Act (17
U.S.C. § 106, et seq.) and/or in breach of Adobe’s license agreement. Both
the Copyright and
Lanham Acts afford aggrieved rights owners substantial remedies, including
actual or statutory
damages, which can range up to or exceeding three times the amount of the
owner’s actual
damages, as well as costs and attorney’s fees. In addition, the illegal
copying, marketing, sale
and/or distribution of Adobe.-branded products or unauthorized sales thereof
in disregard of
Adobe’s license agreement, violates various other federal and state law,
including California
statutory and common law unfair competition, which remedies can include an
accounting and
punitive damages, as well as damages for breaching Adobe’s license
agreement forbidding any
resale of Adobe software products.
We have been authorized to tender the following demand to you on behalf of
SIIA and
Adobe based upon the aforementioned violations:
1) You must immediately cease and desist all unauthorized copying,
manufacturing,
importing, advertising, marketing, offering for sale, selling and/or
distributing activity
with respect to any Adobe products, including but not limited to Adobe.- and
Acrobat.-branded software products.
2) You must forfeit to this firm all counterfeit or unauthorized copies in
your possession,
custody or control utilizing any intellectual property owned by Adobe,
including but
not limited to all Adobe.- and Acrobat.-branded software products, and
delete or
otherwise destroy all digital copies which you may have.
3) You must represent and warrant, in the format and manner set forth in the
enclosed
affidavit, that at no point in the future will you make any unauthorized use
of Adobe’s
intellectual property, including any and all copying, manufacturing,
importing,
advertising, marketing, offering for sale, selling and/or distributing
activity with
respect to Adobe.-branded software products.
4) You must pay One Thousand Two Hundred Dollars ($1,200.00) by certified
check
made payable to Johnson & Pham, LLP - Client Trust Account, to compensate
Adobe
for its investigative and legal costs, as well as the damages sustained by
Adobe as a
result of your infringement and/or unauthorized use of its intellectual
property rights.
It is imperative that you respond to the demands listed above immediately
upon receipt of
this letter. Along with your payment of $1,200.00, we require that you fill
out and mail the
enclosed affidavit to our office. Failure to respond or to comply with these
demands within ten
(10) calendar days of your receipt of this letter may result in SIIA taking
legal action to enforce
Adobe’s rights.
We anticipate your prompt attention and cooperation to resolve this matter
as quickly as
possible.
Yours truly,
JOHNSON & PHAM, LLP
Ani S. Garibyan, Esq.
Attorneys for Adobe Systems Incorporated
Enclosures
I, xxx, hereby represent and warrant under penalty of perjury that:
1. I recognize that Adobe Systems Incorporated (hereinafter “Adobe”) owns
all intellectual
property and other rights in and to the Adobe. line of products and services
, including, but not
limited to, Adobe Photoshop CS6.
2. I have withdrawn all products that include or use any marks or other
intellectual property
owned by Adobe, including any Adobe Photoshop CS6 (“Infringing Merchandise
”) from
eBay.com and all other venues; and I will surrender all Infringing
Merchandise in my possession
or control to Johnson & Pham, LLP.
3. My eBay.com Seller ID(s) is: ____________________________________________
___
4. I have ceased all use of, and will never again advertise, import, copy,
manufacture, offer
for sale, sell, or otherwise distribute any product or service that utilizes
, or otherwise make any
unauthorized use of (a) any marks or other intellectual property owned by
Adobe, including all
intellectual property relating to Adobe Photoshop CS6; and/or (b) any mark,
logo, design,
symbol, other identifier or work that is confusingly or substantially
similar to any intellectual
property owned by Adobe in any manner and in any venue, including, but not
limited to,
eBay.com.
5. My use of Adobe’s intellectual property encompasses only my sale or
distribution of
______ pieces of Infringing Merchandise for which I received $_____________
for all such
sales; my profits from these sales were $_____________.
6. I purchased ______ pieces of Infringing Merchandise at a cost of $_______
______. My
supplier(s) for the Infringing Merchandise and its (their) contact
information is:
____________________________________________________________________________
__
____________________________________________________________________________
__
7. I have made monetary payment of $1,200.00 to Adobe either by certified
check or money
order, made payable to Johnson & Pham, LLP, Client Trust Account, based upon
my profits and
Adobe’s attorneys’ and investigative fees and costs in connection with my
sale of the Infringing
Merchandise in exchange for the release herein. Adobe’s release is limited
only to the sales and
distributions as represented and warranted in item 5., above. I understand
that to the extent any
of the representations and warranties provided herein are false or
inaccurate, Adobe’s release is
null and void and it will be free to pursue legal action against me based
upon any unauthorized
use of Adobe’s intellectual property.
IN WITNESS THEREOF, I agree to the foregoing:
Date: __________________________________________
Print Name: _____________________________________
Signature: _______________________________________
Ani S. Garibyan, Esq.
JOHNSON & PHAM, LLP
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Tel: 818.888.7540
Fax: 818.888.7544
a*******[email protected]
www.johnsonpham.com | a******9
发帖数: 2979 | | l****o
发帖数: 777 | | q******2
发帖数: 868 | | d*o
发帖数: 2345 | | b****a
发帖数: 460 | 26 这个是他们的公司签名
Ani S. Garibyan, Esq.
JOHNSON & PHAM, LLP
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Tel: 818.888.7540
Fax: 818.888.7544
a*******[email protected]
www.johnsonpham.com
貌似不像是假的 | e****5
发帖数: 1675 | 27 if you google this company, there are many interesting stuff. | a******9
发帖数: 2979 | 28 有可能借用啊．
打电话过去直接问．
【在 b****a 的大作中提到】
: 这个是他们的公司签名
: Ani S. Garibyan, Esq.
: JOHNSON & PHAM, LLP
: 6355 Topanga Canyon Boulevard, Suite 326
: Woodland Hills, California 91367
: Tel: 818.888.7540
: Fax: 818.888.7544
: a*******[email protected]
: www.johnsonpham.com
: 貌似不像是假的
| w**********9
发帖数: 525 | | a******9
发帖数: 2979 | 30 I also was contacted by this same law firm back in January. I called and
talked to them about it. They had gotten my information from Ioffer where I
had purchased 3 P90X sets from someone who they were suing. The attorney had
a list of everyone who had purchased from this guy. He asked me what I did
with them and I told them I kept one for myself and the other 2 were gifts.
He asked me to send the one that was mine back to them and he said it would
be dropped. Never asked for a dime. I know use a stealth Ioffer account to
avoid this problem from ever happening again! | | | a******9
发帖数: 2979 | 31 google上的
这个公司是真的．根据大家的经验．ignore it
I
had
did
.
would
【在 a******9 的大作中提到】
: I also was contacted by this same law firm back in January. I called and
: talked to them about it. They had gotten my information from Ioffer where I
: had purchased 3 P90X sets from someone who they were suing. The attorney had
: a list of everyone who had purchased from this guy. He asked me what I did
: with them and I told them I kept one for myself and the other 2 were gifts.
: He asked me to send the one that was mine back to them and he said it would
: be dropped. Never asked for a dime. I know use a stealth Ioffer account to
: avoid this problem from ever happening again!
| q******2
发帖数: 851 | | t*********h
发帖数: 941 | 33 english is good
【在 b****a 的大作中提到】
: 【 以下文字转载自 Law 讨论区 】
: 发信人: bbcvoa (An), 信区: Law
: 标 题: 非法销售ADODE PHOTOSHOP
: 发信站: BBS 未名空间站 (Thu Nov 1 21:58:56 2012, 美东)
: 大家好，小弟在此请教大家一个问题。
: 前几天我在ebay上销售2份ADOBE PHOTOSHOP CS6 软件，价值350美元。该软件我是从
: 别处合法购买，由于不再需要，就挂在ebay上出售。
: 今天突然收到一份来自ADOBE代理律师的email警告信，要求我终止销售，还要在10天内
: 上缴1200美元罚款，否则就采取进一步法律行动。
: 现在的问题是我合法购买的软件在ebay上销售，觉得没有什么问题。我不知道是否应该
| d******n
发帖数: 2425 | 34 不象真的
【在 b****a 的大作中提到】
: 这个是他们的公司签名
: Ani S. Garibyan, Esq.
: JOHNSON & PHAM, LLP
: 6355 Topanga Canyon Boulevard, Suite 326
: Woodland Hills, California 91367
: Tel: 818.888.7540
: Fax: 818.888.7544
: a*******[email protected]
: www.johnsonpham.com
: 貌似不像是假的
| b***3
发帖数: 1482 | 35 直接告诉他看不懂英文
让他发个中午的律师函过来看 | k****o
发帖数: 1579 | 36 应该没事吧，ebay上好多人卖呢，难道都收到了？ | a****n
发帖数: 1119 | 37 应该发个韩文的
【在 b***3 的大作中提到】
: 直接告诉他看不懂英文
: 让他发个中午的律师函过来看
| s***a
发帖数: 4921 | 38 我室友就寄了1200给这个公司
亏死了
【在 q******2 的大作中提到】
: 总有些傻瓜会送钱和送上门的。
| b****a
发帖数: 460 | 39 你舍友真有钱
【在 s***a 的大作中提到】
: 我室友就寄了1200给这个公司
: 亏死了
| a******9
发帖数: 2979 | | | | s***a
发帖数: 4921 | 41 it天天喊着不缺钱
【在 b****a 的大作中提到】
: 你舍友真有钱
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