 Update On Vero Trademark Infringement Case--any Advice Appreciated
Hi Everyone..
I wrote into the forum a few weeks ago regarding my friend who was being looked at by the Trademark holding company for selling counterfeit items. A customer had sent an item to the company for repairs and they stated the item was a ⊗⊗⊗⊗.
The Company said they opened an investigation. She hasn't heard anything for 2 weeks and today she received the following letter.
Can someone please advise if this is just a standard cease/desist letter and if it is really necessary she contact customers as said or they will really file charges--also, in the first line, it says "it is likely" all items sold are counterfeit--not definatley, so it's confusing why she should notify ALL customers. Just wondering if she should respond back at all and if something will really come of this. Thanks in advance.
__________________________________________________ _______________
My investigation is now complete. I have determined that it is likely that all XXXXXX products sold by you are counterfeit.
This email is to place you on notice that XXXXXX Company has determined that you have sold a significant number of counterfeit XXXXXX bearing registered trademarks of our Company and infringing valid United States patents owned by the Company.
We have notified eBay that products sold by you are not authentic products.
Under U.S. and most state laws, the importing, marketing, selling, and distribution of counterfeit goods is a crime, often a felony.
XXXXXX demands that you immediately cease and desist from the sales of goods bearing counterfeits of registered trademarks of our Company and otherwise infringing the Company’s intellectual property. The Company also demands that you contact all buyers that you have sold counterfeit goods to, inform them that the products you sold them are not authentic, and offer to refund the purchase price. In order that we can confirm your good faith, please cc me on all of these notifications by using my email address XXXXXX.com
In addition, if you re-list infringing merchandise under a new seller ID, we will aggressively respond.
If you do not meet our demands in a timely manner, we will file a criminal complaint against you with the Department of Homeland Security, Customs and Border Protection, and other appropriate federal, state, and local law enforcement organizations. We also reserve the right to proceed against you under appropriate civil statutes.
I look forward to hearing from you at your earliest convenience to confirm that you will be meeting our demands.
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