Received letter from CAPS and they ask for sales history.
Hello, Aspkin community.
I received a letter with my real name and address from trademarkmanagement.com that administrate CAPS (Coalition to Advance the Protection of Sports logos ). CAPS says they protect NFL, MLB, NBA, NHL logos and stuff. Both companies registered In Idaho and are not Law firms. I found some info about them, including this article that says CAPS are not legit to legally demand from anyone. Here is the link: http://www.tabberone.com/Trademarks/...APS/CAPS.shtml
They want me to stop selling and send them my sales info.
I want to ask community if anyone knows anything about them and how to act in my situation? Please advice. All listings removed from ebay by the way. Thank you guys.
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Re: Received letter from CAPS and they ask for sales history.
More than likely it's a hungry lawyer looking for money. They tried to extort people. Don't send them anything or talk to them. If they message you through eBay you're able to flag it
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by animekings99
More than likely it's a hungry lawyer looking for money. They tried to extort people. Don't send them anything or talk to them. If they message you through eBay you're able to flag it
But I found few court records where they sued few people for sports logos infringements. So far I've been advised to send them a brief message saying I respect IP and quit selling those items, but will not send any documentation at all. And in top of that i'm pretty positive they did a test buy from my shop. Why did they do that? What do you guys think?
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by grach
But I found few court records where they sued few people for sports logos infringements. So far I've been advised to send them a brief message saying I respect IP and quit selling those items, but will not send any documentation at all. And in top of that i'm pretty positive they did a test buy from my shop. Why did they do that? What do you guys think?
If you get sued, you'll have to cross that bridge when you get there. Right now, I would keep quiet. You're likely a small fish and they've got bigger things to deal with.
Re: Received letter from CAPS and they ask for sales history.
Do not sign for letters. Best option is to ignore them. Do not send them evidence such as your sales, or tell them you will quit selling (this acknowledges that you was selling in the first place). Dont fall for tricks where you incriminate yourself.
If you already signed for a letter from them, then you might be screwed
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by bjammin
If you already signed for a letter from them, then you might be screwed
Ehh. That's a bit of an overreaction IMO. It's unlikely they would actually sue someone who is (for all intents and purposes) presumed to be judgment proof.
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by agent006140
Ebay removed all your listings,what did Ebay say?
No, ebay removed part of the listings first by VeRo. Some time later I received a letter from them. After I received the letter, I removed all the rest of listings permanently.
Re: Received letter from CAPS and they ask for sales history.
For right now I'm thinking about 2 scenarios:
1) Ignore them. Delete all listings.
2) Reply to them with something like "We respect IP and stopped selling and any other activity"
Before I make a decision, I'm thinking to talk to a local IP attorney and ask for the proper reply and listen to their opinion. Do you guys think this is a good idea?
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by rsot
Dont do 2) - do not reply is all I can say.
How much volume were you selling? I think going to an attorney isn't necessary at this point.
Was the letter registered or just regular mail? Registered makes a huge difference - regular mail is just junk
No, I received email letter (not from attorney) from the company who administrates CAPS. They require stop selling and in addition send them remaining stock and info about sales. They attached C&D response letter form that they want me to fill up and sign. Their letter doesn't look legit, since they are not lawyers. My sales volume is not high.
Re: Received letter from CAPS and they ask for sales history.
If they don't sign the demand then it is sniffing for data. Any legit law firm would sign their C&D letter. Then you could look up their bar number to see if they're legit lawyers. The company is a middle man. They are the same as people that buy debt on the pennies and hope you bite to incriminate. Don't take the bait.
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by vettefever17
If they don't sign the demand then it is sniffing for data. Any legit law firm would sign their C&D letter. Then you could look up their bar number to see if they're legit lawyers. The company is a middle man. They are the same as people that buy debt on the pennies and hope you bite to incriminate. Don't take the bait.
I understand that, but still can't find out how is it possible that they've been able to remove my listings on ebay. They obtained some authorization at least.
Re: Received letter from CAPS and they ask for sales history.
I have received one from a company's solicitor before long email asking where I got the goods thay already done a purchase and know the goods was theirs and I did not have the rights to sell them and thay will be looking to take legal action for loss of sales est . I didn't reply and thay never done nothing . I also had one where I bought some yu-gi-oh cards well 500 boxes of 36 packs per box . Was selling fast for a few weeks then got a call from the police had to go in for an interview . Thay had done 4 purchases of the goods and checked barcodes est and found them to be the ones from a warehouse robbery ( I was unaware) I explained to them I purchased them from a bootsale and that was the end of that ( luckily I had sold most of them so thay did not want the last few back ) in your case I would just not reply and if thay keep on trying to contact you then come up with another plan
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by grach
But I found few court records where they sued few people for sports logos infringements. So far I've been advised to send them a brief message saying I respect IP and quit selling those items, but will not send any documentation at all. And in top of that i'm pretty positive they did a test buy from my shop. Why did they do that? What do you guys think?
Don't sign anything when you sign something you are 100% Liable. Remember This
people always moves. And more than likely it's a Lawyer Trying to make money because hes unable to make money as of right now
Re: Received letter from CAPS and they ask for sales history.
Quote:
Originally Posted by Chris161093
I have received one from a company's solicitor before long email asking where I got the goods thay already done a purchase and know the goods was theirs and I did not have the rights to sell them and thay will be looking to take legal action for loss of sales est . I didn't reply and thay never done nothing . I also had one where I bought some yu-gi-oh cards well 500 boxes of 36 packs per box . Was selling fast for a few weeks then got a call from the police had to go in for an interview . Thay had done 4 purchases of the goods and checked barcodes est and found them to be the ones from a warehouse robbery ( I was unaware) I explained to them I purchased them from a bootsale and that was the end of that ( luckily I had sold most of them so thay did not want the last few back ) in your case I would just not reply and if thay keep on trying to contact you then come up with another plan
We in the form should make a new section where bad buyers and bad address are stored so everyone has access to them Selling on eBay for over 10 years and I have the not 500 buyer ideas I blocked on every account. Once in a Blue Moon someone will message me how come I can't bid I don't even reply back to them.