Can I get my money back?

[Zigner]

They are actually not automated. They are from the authenticator himself. He points out the very reason why he feels the shoes are not authentic.

Give me a minute...I'm sure I can create an email from some anonymous "authenticator" that says my watch isn't genuine.

The point I'm trying to make (which was stated by Quincy) is that you need to get your own written report (at the very least) stating the shoes are not authentic. You may also need the authenticator to testify.

 

[Needadvice248]

Give me a minute...I'm sure I can create an email from some anonymous "authenticator" that says my watch isn't genuine.

The point I'm trying to make (which was stated by Quincy) is that you need to get your own written report (at the very least) stating the shoes are not authentic. You may also need the authenticator to testify.

So if I send the shoes in to get authenticated and they give me a letter saying they are not authentic, would that be enough? Would I stil need the authenticator to testify?

 

[Needadvice248]

The letters are hearsay. And rules of evidence do apply in small claims. Furthermore, did the authenticator see the ACTUAL shoes OR just a picture of the shoes?

Just pictures of the shoes. There are certain details they look for and they did not see them in the details of the shoes I have.

 

[Zigner]

Just pictures of the shoes. There are certain details they look for and they did not see them in the details of the shoes I have.

As you were told by the only attorney who has responded to this thread: The emails are hearsay. If the other party doesn't agree to them being admitted, then they won't be admitted.

 

[Needadvice248]

As you were told by the only attorney who has responded to this thread: The emails are hearsay. If the other party doesn't agree to them being admitted, then they won't be admitted.

Sorry, I don't have very deep knowledge of the law. How is getting a letter from an authenticator different than the emails I have in hand? What instance does the other party have to agree to have items admitted as evidence?

 

[Zigner]

Sorry, I don't have very deep knowledge of the law. How is getting a letter from an authenticator different than the emails I have in hand? What instance does the other party have to agree to have items admitted as evidence?

You're right - even a letter isn't very likely to be accepted in to evidence. But it's better than email...

The problem is that the other party (or the judge) doesn't have an opportunity to question a letter (or an email.)

 

[quincy]

Sorry, I don't have very deep knowledge of the law. How is getting a letter from an authenticator different than the emails I have in hand? What instance does the other party have to agree to have items admitted as evidence?

The emails from the authenticators can be used to support your claims that the Adidas are counterfeits. A few online sites, like eBay, are now using authenticators to keep counterfeit goods from being marketed. You could, however, pay to have the shoes authenticated. This is often done by using photos of the goods.

Counterfeits as I said earlier are not difficult to spot if you know what to look for. Adidas provides a list with photos comparing originals to fakes, pointing out the differences. You could even do the same sort of comparison in court.

You can also find someone in your area who can testify the shoes are fakes, if necessary. An upscale retailer in your area could probably point you in the right direction.

 

[Needadvice248]

Filed

I'm back with an update. So I filed my small claims case with the court. All my documents are in, including the emails from the websites/apps that state the sneakers are not authentic. The defendant hired a lawyer. We have not gone to trial, but the discovery(?) is coming up soon. Defnedant's lawyer called me the other day and tried to verbally scare me. Telling me I had no case and not a chance in hell of winning, so he was giving me the opportunity to drop the case. I flat out refused. I am just curious is this a common practice among lawyers to get the plaintiff to drop the case? What is the reasoning behind this?

 

[quincy]

I'm back with an update. So I filed my small claims case with the court. All my documents are in, including the emails from the websites/apps that state the sneakers are not authentic. The defendant hired a lawyer. We have not gone to trial, but the discovery(?) is coming up soon. Defnedant's lawyer called me the other day and tried to verbally scare me. Telling me I had no case and not a chance in hell of winning, so he was giving me the opportunity to drop the case. I flat out refused. I am just curious is this a common practice among lawyers to get the plaintiff to drop the case? What is the reasoning behind this?

The reasoning behind the attorney's action is probably to get you to drop the case.

 

[Needadvice248]

The reasoning behind the attorney's action is probably to get you to drop the case.

Because he thinks he is going to lose?

 

[quincy]

Because he thinks he is going to lose?

That is a possibility. Because you are not represented by an attorney, the other party's attorney might think he can intimidate you into dismissing your claim.

But that is just a guess on my part.

I think if you have the authenticator's letter and can also demonstrate in court what sets the fake Adidas apart from authentic Adidas, you have a good shot at being successful in your suit.

I don't think attorneys are permitted in small claims courts in Arizona so, if the other party intends to proceed with an attorney, you could find your case moved to a higher court. You could find that evidence accepted in small claims will not be as easily accepted so you could be smart to have an authenticator in court to testify.

Have you contacted Adidas?

 

[Needadvice248]

That is a possibility. Because you are not represented by an attorney, the other party's attorney might think he can intimidate you into dismissing your claim.

But that is just a guess on my part.

I think if you have the authenticator's letter and can also demonstrate in court what sets the fake Adidas apart from authentic Adidas, you have a good shot at being successful in your suit.

I don't think attorneys are permitted in small claims courts in Arizona so, if the other party intends to proceed with an attorney, you could find your case moved to a higher court. You could find that evidence accepted in small claims will not be as easily accepted so you could be smart to have an authenticator in court to testify.

Have you contacted Adidas?

Would they move my small claims court to a higher court if the damages I am seeking are less than $1,000? I find that unlikely. I tried contacting authenticators, but they are all unwilling/unable to testify in court.

 

[quincy]

Would they move my small claims court to a higher court if the damages I am seeking are less than $1,000? I find that unlikely. I tried contacting authenticators, but they are all unwilling/unable to testify in court.

I don't know what will happen. Sorry.

 

[Needadvice248]

I don't know what will happen. Sorry.

Thank you for your input and advice. I appreciate it.

 

[quincy]

Thank you for your input and advice. I appreciate it.

You're welcome, Needadvice248. I appreciate the thanks.

Good luck with your lawsuit.