hey guys thanks for all your help in any post i make...i received this email today from...what should i do ..do i ignore it, i have a stelth account ( no real name addy and number) but my pp bank account well when i signed up with my bank i had to for obvious reasons give my name ...so do i ignore this and carry on ( my account isnt shut down) ..anyone else ever get this and if so what did they do?
GIBNEYANTHONY &FLAHERTY
Attorneys at Law665 Fifth AvenueNew York, NY 10022212.688.5151212.688.8315 Fax
Page 1
GIBNEYANTHONY &FLAHERTY BY EMAIL:
phonzs2013@gmail.comAND FIRST CLASS MAIL
Re: The adidas Group
This firm represents adidas America, Inc., adidas AG and adidas International MarketingBV (collectively "adidas"), Reebok International Limited, Reebok International, Ltd., and Reebok-CCM Hockey, Inc. (collectively "Reebok"), as well as TaylorMade Golf Company, Inc.and Mitchell &Ness Nostalgia Co. with respect to certain intellectual property matters.It has recently come to our attention that you are illegally offering for sale and selling merchandise bearing counterfeits of the adidas and/or Reebok and/or our other client's Trademarks (the "Illegal Merchandise") on eBay.com.Such action is likely to cause confusion and constitutes trademark counterfeiting,infringement and dilution of our clients' intellectual property rights. Your conduct violates federal and state trademark laws. As a result, you may be held liable for trademark counterfeitingand infringement. The penalties for such conduct are severe and may include injunctive relief,actual damages, statutory damages of up to $2,000,000 for each trademark that has been counterfeited, costs and attorneys' fees (See 15 U.S.C. § 1117 et seq.).
Therefore, we demand that you immediately cease and desist from any and all offering for sale, sale, distribution, importation, manufacture, advertisement, promotion and display of the Illegal Merchandise. We also demand that you do the following:
1. Surrender all Illegal Merchandise in your possession, custody or control.
2. Provide the identity of the source of the Illegal Merchandise.Do not destroy nor discard the Illegal Merchandise. We strongly urge you not to contact the supplier of the Illegal Merchandise or to take any other action which would interfere with our client's ability to eliminate Illegal Merchandise from the marketplace and will hold you responsible for your complicity in any such actions to the maximum extent provided by law.Please complete the information below and return it along with the merchandise to:Gibney, Anthony &Flaherty, LLP, 665 Fifth Avenue, New York, NY 10022, Attn: IPDepartment.
You hereby warrant and represent that:
1. All the Illegal Merchandise has been withdrawn from eBay.com and all other venues and you have surrendered all Illegal Merchandise in your possession or control to the under signed counsel for adidas.
2. Your eBay seller ID is:
3. You will never again advertise, manufacture, offer for sale, sell or otherwise distribute the Merchandise that infringes upon adidas and/or Reebok's and/or our other client's rights inany venue, including, but not limited to, eBay.com.
4. You sold pieces of Illegal Merchandise and your profits from these sales were $
5. You are surrendering pieces of Illegal Merchandise.6. Your suppliers) for the Illegal Merchandise and its(their) contact information is:
GIBNEY ANTHONY & FTAHERTY IN WITNESS WHEREOF, you agree to the foregoing.Date:Print Name:Signature:Please be advised that this is not an exhaustive list of adidas' rights or remedies. Basedon the information you provide and your compliance with the aforementioned demands, adidas reserves the right to seek damages in connection with your infringing activity. Your failure to respond or to comply with these demands before May 17, 2013, may result in our clients taking legal action to enforce their rights, all of which are hereby expressly reserved.Sincerely,GIBNEY, ANTHONY & FLAHERTY, LLP
