Got hit with Trademark Infringement - Need advices

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raydaniels

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I made a rookie mistake of registering a domain name of a brand and trying to sell it products. I received a letter basically stating I've violated the ICANN and causing consumer confusion.

They requested me to:

1. cease distribution, advertisement, licensing or selling goods bearing the mark of the brand (which I did by shutting down my website completely)

2. collect and turn over inventory of such items

3. provide full accounting of sales of such items as well as invoices and purchases

4. transfer the domain name back (i have no problem doing this)

I'm only worry about number 2 and 3.

For number 2, can I tell them I never had the inventory in the first place because I never had the product to sell because my distributor from a foreign country never came through?

For number 3, can I tell them I never sold any items at all?

I have until July 15,2011 to resolve the problem with their attorney. If I don't then they will proceed accordingly without further notice.

How should I response to them? I don't want to get sued and I learnt my lesson.
 
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The item I was selling were t shirt by the way.
 
transfer the site to them.
You can't give them anything that you do not have.
 
Just close down the site and tell them that no sales were made. Throw the ball back in their court. In all likelihood they'll just leave it be once they see your site is no longer active.
 
I had the same thing happen to me, though I wasn't selling a product. I just took the site down and didn't reply back to them. They probably won't make a deal out of it. If they do, you aren't going to use it anyways anymore.
 
I sent them an email stating I took the website down and that I never sold any items.

I'm transferring the domain back to them once they send a request.

Hopefully they won't sue me.
 
You mind tell us who the company is? I think they;ll leave you alone after that email you sent. Chances of them suing you really small. Anyway, let us know what they say. I'm always interested in this stuff.

edit: u can PM if you want
 
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BlackxHat said:
You mind tell us who the company is? I think they;ll leave you alone after that email you sent. Chances of them suing you really small. Anyway, let us know what they say. I'm always interested in this stuff.

edit: u can PM if you want
Click to expand...

It's a popular hip hop music brand. The attorney they set on me protects a lot of huge music artists' brands.

Since I'm a struggling music producer. Do you think it's worth a shot to ask him to pass on my music productions to artists he represent?
 
raydaniels said:
It's a popular hip hop music brand. The attorney they set on me protects a lot of huge music artists' brands.

Since I'm a struggling music producer. Do you think it's worth a shot to ask him to pass on my music productions to artists he represent?
Click to expand...

Perhaps do that after this whole thing is settled and make sure the doesnt knwo that youre the same person. Just hold on to his info.
 
Ur right. I can't expect lawyer to have a heart.
 
raydaniels said:
It's a popular hip hop music brand. The attorney they set on me protects a lot of huge music artists' brands.

Since I'm a struggling music producer. Do you think it's worth a shot to ask him to pass on my music productions to artists he represent?
Click to expand...

Are you f'ing serious? probably the dumbest question Ive heard in a long time. An attorney is threatening to sue you and you want him to do you a favor by passing on your music to artists. LOL good one...
 
Most often they know that it is a waste of their time and money to sue you, (unless it can be processesed, as criminal act and jail time), their goal is protecting their business primarily and secondly to recover damages caused to their business by your site.
I think if you take the site down, and explain to them in a letter that it was a mistake and that you were trying to do business, and didn't know what you were doing and didn't make sales.. they should leave you alone as they will know it will cost them more lawyer/court fees to prosecute....BS a lot!
 
I emailed them yesterday and they haven't responded back.

I'll fax them a letter tomorrow and see if they would response.
 
"Thank you for your cooperation. I am initiating the transfer - you will likely receive the emails from the registrar within the next 24 hours asking you to approve the transfer. If you have any questions, please do not hesitate to contact me."


Got this response. Seems like they aren't going to sue me.
 
It would cost more to sue you than they would ever get back from you so you should be OK.

Lawyers are busy and he may remember your name without the detail, send him an email in a couple of months real friendly asking him how he is and if he could perhaps pass on your stuff.

Good Luck Sleep tight.
 
Just write a good letter of apology.
tell them that you were just testing it out and haven't made any sales.

They won't pursue beyond that.
 
You could say that you had no idea that it was illegal and apologize and just claim that you never sold anything as it seems you did not really run it as a business.
 
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