Forum

NIKE BRAND send a Threatening - Cease & Desist Letter
 

2 Months Ago US customs Sieze an small Package from China with Jerseys. Little more than 10 jerseys were with the Mike Logo. After all, entire Box were seize and Us customs sent a letter to Lori L. C. (North America Brand Protection Manager- Mike Brand)

This is what happened:

Days ago I receive a letter from This lady and it says that Mike is the exclusive owner of all rigths and blablablaalab you attempt to import and use counterfeits items bearing the copyrighted Designs and Trademark.
on behalf on MIke we demand to discontinue the activity etc etc etc.

Mike consider your conduct a SERIOUS VIOLATION ( couple more than 10 jerseys?) We may pursue this matter fully and seek the maximum allowable damages against you and blablablabalab under copyright Act of 1976 and trademark counterfeiting Act of 1984 and blablablabla.

unless we receive a WRITTEN COMPREHENSIVE RESPONSE to this letter, as well as assurances that you have ceased to engage in the infringing conduct described above, within 10 days of the delivery of this letter, WE MAY INITIATE A SUIT AND SEEK INJUNCTIVE RELIEF AND THE MAXIMUM DAMAGES TO WHICH MIKE IS ENTITED.

SINCERELY YOURS

LORI L C
North America Brand Protection Manager (she works for MIKE)

What should I do?
Answer or better ignore it?
If I answer I think I'm accepting that I knew It was counterfeit

She has only my Name Not Last and the address.

Can they do this for a little bit more than 10 jerseys? It was for my team.
That it happens to anyone-else before

I only have 2 or 3 days to decide if I answer or not this letter

THANKS FOR YOUR HELP

When customs seizes counterfeits, they always notify the brand owner.

The fact is, it is illegal to import for sale any copyrighted or trademarked items without a letter of authority from the owner of the copyright or trademark.

The danger in contacting these people, as I see it, is they are professionals in this matter - they deal with these issues every day. You do not. Therefore, I think it would be easy for them to get you to say or do something that could hurt you.

My story would be that I bought a few of these after finding a great deal online - not knowing they were counterfeits - for myself and a few friends.

While I cannot guarantee they will not sue you if you ignore the letter, I've never heard of anyone being sued over 12 jerseys. A case of 500? Yes, then I would definitely worry. But with 12 you can make the argument they were for personal use as gifts.

Please understand this is NOT legal advice. I am not an attorney. Nobody on this forum, myself included, is qualified to dispense legal advice. If you are seriously worried about this, I would contact an attorney.

As jeffweico said, this forum advice should not be considered legal counsel.

1. Do not import anymore of these to your address or name.
2. IMPORTANT q: Was the letter registered? You sign for it? If not - it`s not tracked. Do NOT reply and stop your activities.

Seek professional advice from an attorney.

Not for us to provide counsel.