Etsy shop closed by US law firm

[johnb2022]

Hi Andy,

I want to send a settlement offer to TME Law today. I plan on writing and sending this myself. I'm not sure how much personal information to include on this letter. They'll have my name and email address as it'll need to be signed and sent from my email. I don't plan to include my address.

I intend to make it clear that it is in the best interest of both parties to settle this matter as I am based in the UK, to avoid a great deal of time and expense.

If for example they reply today and accept the offer, do you think the initial status hearing that is set for tomorrow be cancelled?

Thanks

[johnb2022]

Hi Daniel,

This is my fear with a settlement offer. Exposing myself. I haven't sent it yet.

It looks they like have my email address already as the initial hearing video link was sent to me directly from TME.

[johnb2022]

Thanks for the info Daniel. When you say exact case, even the same US law firm?

[DanielNorman88]

Does using the term 'Without prejudice' in the US mean the same as it does in the UK? Thinking of writing to TME Law

[AndyJ]

No, you need to avoid the term in the sense that I assume you mean, that you intend to reserve you rights and so any offer you make cannot be used as evidence that you admit liability.
In the USA the term is usually used in connection with a court ruling or decision. If a case is dismissed without prejudice the plaintiff may bring another claim based on substantially the same set of facts.

[DanielNorman88]

I've since been informed the American equivalent would be FRE 408.
Since I'm offering up the profit I made I'm admitting made profit from selling the items anyway. It's really hard to figure out how to approach it.

[DanielNorman88]

Was this a direct email to you or just files added to the link?

[DanielNorman88]

Out of all the UK Etsy shops only one is not suspended right now, although theyre in holiday mode, meaning they must have resolved it, might be worth contacting them see what happened.

[DanielNorman88]

Maybe you cant send a message because your etsy is suspended?

[AndyJ]

Hi guys,

I believe that wantasimplelife is also facing a claim from another unnamed entity, in view of the redacted claim which is bundled in wth the other court documents. Since there is no information in the unredacted claim about exactly what wantasimplelife is alleged to have done which has led to the claim, it's difficult to see how he can defend himself. I assume that the same issue of not specifying the allegation applies to DanielNorman88. There are several defences to both a copyright claim and a trade mark claim which might apply. However the way this thing operates, it is going to be just as expensive to properly defend the case as it is to settle on their original terms, and in either case, that expense is out of proprtion to any damages which a UK court would award. The major issue with the US litigation is that the claimants are asking for statutory damages extending into millions of dollars.

[thealmeister1]

Hello.
I have also received the same email from Etsy with a link to https://www.tme-law.com/case/22-cv-05563 dated Oct 26th. Nothing yet in my Spam folder. My Etsy shop has been suspended. Myself or my shop are not listed anywhere in the documents that have been sent and the majority of it is redacted. I am UK based, haven't sold any of the items in question in the US and haven't sold any item at all to Illinois. I have yet to speak with Etsy about this. Has anyone had any positive responses from Etsy regarding if this is a scam? I am concerned that Etsy will give out my personal information. Everything about this screams suspicious. I don't have any money to "pay them off" to get my shop back. I don't know what to do.

[Mialouise1]

Hi,
I have also received the same documents and same case number.
I was ignoring until the last email that named another 200+ people on it. Mainly Chinese companies from Ali express etc.
Nice to find some other UK based companies though going through the exact same thing.
I’ve been hiding it under my pillow to deal with till Monday but another crappy nights sleep has thankfully landed me with you lovely people!

[DanielNorman88]

the court date is today, contact TME-Law asap. theyre actually quite helpful, but slow to reply. I cant say anymore than that because I signed confidentiality agreement.

[Wantasimplelife]

My login got wiped by mistake, but I am back

[Mialouise1]

I’ve still had no response from them since Saturday and it’s now past the court date. Deep joy….