Schedule "A" Case INTERNATIONAL WATCHMAN, INC. No.: 1:24-cv-22046 copyright infringement

[nbell999]

I'm in the UK. Got notified about this by Florida case by Sriplaw Attorney Joel B. Rothman last week. I'm a private seller, had a single nato strap listing removed by ebay under VeRO rules two weeks ago. Sounds like they are accusing me of counterfeiting, copyright theft etc. Am reading up on these SAD cases now. Posting to try and connect with others perhaps in the same or similar situation.

[lord_and_lady_m]

If you have a paper trail of where you purchase your products from I would send it back to ebay showing that your products are not theirs.

I assume this is via a vero report? Potentially abusing the vero system.

The sad cases avoid the vero system completely, so this could be similar to what I see happens on etsy a lot. Someone trying to wipe out competition by filing false reports perhaps.

[4_bathrooms]

---

@wyntersemporium wrote:

I've just had eBay saying a company called omnida says I'm selling their rings I'm not selling anything what they have up

i don't want to be sued and neither do I want to lose eBay 

---

Is it Omnida or Omnia? Also, is this a VeRO report?

[wyntersemporium]

Omnia Studios

[wyntersemporium]

Have had a look at eBay's vero list and they're not on it

We also need to receive a report from you obtained from the marketplace where sales were made showing the historical sales for the defendants’ listings that are alleged to infringe Plaintiff’s intellectual property.

[wyntersemporium]

We also need to receive a report from you obtained from the marketplace where sales were made showing the historical sales for the defendants’ listings that are alleged to infringe Plaintiff’s intellectual property.

no idea where to get this 

I haven't sold these for years. 

[4_bathrooms]

---

@wyntersemporium wrote:

Have had a look at eBay's vero list and they're not on it

---

They don't need to be; anybody can file a Notice of CIaimed Infringement (NOCI). This doesn't sound like a VeRO takedown request though - it sounds more like litigation.

---

@wyntersemporium wrote:

I haven't sold these for years. 

---

Have you sold their items (or something you believed were their items) previously? If this is litigation you should have been given the plaintiff's name and the case number. Do you have these?

[wyntersemporium]

Same here for a ring which I e not sold for years 

[wyntersemporium]

I've got o e yesterday over a ring which I haven't had on my store for years 

[wyntersemporium]

they said if I don't comply I would have mine took down. 
does anyone know how I can contact eBay for a historic selling history 

thanks 

[4_bathrooms]

---

@wyntersemporium wrote:

they said if I don't comply I would have mine took down. 

---

Is there a case number? It should look something like OMNIA STUDIOS, LLC No.: 1:23-aa-12345 (like the original post). Finding the case record means the court (jurisdiction) and the product should be able to be identified.

---

@wyntersemporium wrote:

does anyone know how I can contact eBay for a historic selling history 

thanks 

---

You can go back 2 years in your selling history; was it longer ago than that? I don't think eBay can/will provide anything else. Do you keep your own records?

[wyntersemporium]

I think I do 

Court: U.S. District Court for the Northern District of Illinois         

Plaintiff: Omnia Studios

Trademark/Copyright/Patent at issue: Omnia Trademarks; VA 1-938-414, VA 2-231-141

Court Case Title: 24-cv-4145; Omnia v. The Partnerships and Unincorporated Associations Identified on Schedule “A”

[wyntersemporium]

Think it may have been longer than that I tried my history on eBay and didn't get very far as nothing was picking up the item itself. 

[4_bathrooms]

---

@wyntersemporium wrote:

I think I do 

Court: U.S. District Court for the Northern District of Illinois         

Plaintiff: Omnia Studios

Trademark/Copyright/Patent at issue: Omnia Trademarks; VA 1-938-414, VA 2-231-141

Court Case Title: 24-cv-4145; Omnia v. The Partnerships and Unincorporated Associations Identified on Schedule “A”

---

It looks like it's a registered copyright rather than a patent or trademark issue; the copyright was registered on 28/12/2020 (pictures of an Omnia gemstone ring). This would suggest you used their photographs without permission. The attorney involved also works for Sriplaw just as in the OP's case.

Have you tried searching in your eBay sale confirmation emails? You must have some record somewhere. In your shoes I would be finding a way of informing the District Court that I don't recognise the court's jurisdiction and request to be removed as a defendant on that basis.

[wyntersemporium]

Will take a look in my emails but as I don't delete emails I've well over 200, 000 plus 

gmail is struggling 

[wyntersemporium]

I only take photographs of what i have in front of me .I've literally spotted someone else selling these rings somewhere else this morning 

[wyntersemporium]

Also spotted the same rin* which was on eBay the same time as mine, the owner of that store has had a warning. Hoping store does not get took down as sister runs her second hand  store at home too. 

[4_bathrooms]

---

@wyntersemporium wrote:

Will take a look in my emails but as I don't delete emails I've well over 200, 000 plus 

gmail is struggling 

---

How do you receive your emails? Do you go to Gmail in a browser window or do you receive them via an email client like Thunderbird, Outlook, Windows Mail etc?

Also, has eBay given you any sort of time limit to resolve this? I still think your best option is to refuse to recognise the jurisdiction of the court and ask to be removed as a defendant on that basis. You need to make it clear you do not fall under the jurisdiction of the Constitution of the United States and therefore are outside the jurisdiction of US federal laws. As I understand it you need to tell the court (not Omnia Studio's attorney) this and therefore request to be removed as a defendant. If you submit any sort of defence you will be seen to have submitted to the jurisdiction of the court - that includes where the UK's courts are concerned.

[wyntersemporium]

I don't think eBay have 

I'd also like to know how do I remove GSP as cannot find anywhere to do this. 

[bojangled]

Morning @wyntersemporium 

Try this link to toggle off GSP

https://www.ebay.co.uk/ship/prf

Jo

[1956glyn]

To be honest i think you should consult a specialist Uk lawyer in these matters.

Yes it will cost you fees for the consultation in the short term but i honestly feel it is necessary.