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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I purchased some rosetta stone language software about 2 years

Customer Question

I purchased some rosetta stone language software about 2 years ago from a second hand electronics store and never really used it. i recently listed it on ebay and it was removed and i subsequently received a cease and decist letter from rosetta stone. I told them where i got the item and have sent it back to them but they say they dont believe me and want more information that i am unable to provide such as "other accounts and venues i have distributed the item" ... i only have 1 copy that i bought and have never duplicated it or sold it anywhere. I am assuming they dont believe me because I hammed up the ebay advert to make it more sellable and if i recall correctly i said that i got the item from rosetta stone which i obviously didnt, it just came from a second hand store. I am cooperating with the fully but where do i stand and what is likely to happen? as far as i was aware the software was genuine
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

On what basis are they saying you should take it down?
Customer: replied 3 years ago.

They are saying that it is an unauthorised/counterfeit copy. I can only assume that it is and I am more than happy to hand it over to them which I have done. They have stated that my account does not correspond with theirs, as mentioned this is probably because my advert was hammed up to make the product sellable and I think I said I purchased it from Rosetta Stone which I didnt, I just got it from a CEX second hand store

Expert:  UK-Justice replied 3 years ago.
If it was genuine then you should reply back and say it is the case.

Nothing will happen - you purchased it in good faith.

They can not prove it is not genuine.

I assume you remember where you got it from - so you can help and tell them

But you have done nothing wrong - that means you have nothing to worry about.

Do not be bullied.

I hope this helps.



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Customer: replied 3 years ago.

If it is not a genuine copy then they will be able to prove it surely? I have sent it off to them and they will be able to verify if it is counterfeit i assume as it is one of their products. I have told them where I bought it but this was 2 years ago so i have no receipt or anything like that. Im aware I did 'lie' in my ebay advert, not about the authenticity of the product (to my knowledge it was an authentic product) just where i got it from because i wanted it to sell and i bought it second hand. are they likely to want a settlement of some kind because i have got a fake copy that i have tried to sell or take me to court?

Expert:  UK-Justice replied 3 years ago.
I would assume they could verify yes.

But if its genuine then they can not stop you doing anything like that.

They are not likely to take you to Court. Its a second hand one, its one copy, not commercial etc.

I dont think you need be too concerned.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.


Hello, thank you for the followup. It has certainly put my mind at ease. I sent the item off to them and explained that I did jazz up my advert and say i purchased it from rosetta stone to make the item more sellable but believed the item to be genuine. I have not heard back from them so I dont know if this is good or bad

Expert:  UK-Justice replied 3 years ago.
Thanks for the update.

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