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C&D letter... total surprise

Discussion in 'Business & Tax Advice' started by Treebeard, Oct 29, 2011.

  1. Treebeard

    Treebeard Newbie

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    Hello all,
    We received a C&D letter for product we sold awhile ago, apparently at least one item was not legitimate.
    We genuinely believed the items we purchased were authentic, though we did buy them in a going out of business sale (sadly I do not know where the receipt is from this it was over 6 months ago).

    We of course instantly halted the sale and apologized to the company (via a proxy), but the company is still claiming they will be coming after us (not in so many words exactly, but they have offered no terms or guidelines, or settlement offers). They want tons of information about us, our customers, etc, and I'm not even sure this is ok to give them in the first place even if we complied

    This sucks... I was simply floored when I read the email.
    Basically the C&D letter said we "must" comply by a certain time on a certain day, compliance explicitly stated as being halting sales of the infringing mark and destroying any items with the infringing mark on them. We of course did comply, emailed them promptly extremely apologetic (behind said proxy), and we have not responded to any further emails.

    Already talked to an attorney and he advised waiting to see if they actually file anything since the information they have on the C&D is completely incorrect. (thankfully I always plan ahead for just such contingencies, because this is how the USA works)

    This really blows, there was no reasonable way to know the items were not real... and we only sold a handful of them (about 20 total which is worth about $700)
    Anyone have this happen to them? What was the outcome?
    I'm pulling my hair out over this. I cannot imagine how you can be liable for accidentally shipping out items, and how a company can come at you without offering settlements, etc. in such a case. We would gladly give them the entire $700 gained (not profit mind you), again a huge loss to us.
     
    Last edited: Oct 29, 2011
  2. r00tk3y

    r00tk3y BANNED BANNED

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    You shipped the item from a legitimate address?

    If it was in an E-mail, just forget about it, they aren't allowed "legally" to send you a C&D through E-mail, it has to be sent via Postal. You should be alright, they probably thought it was a good replica/counterfeit, so they want to find out where you got it from. Tell them to go fuck their selves.


    Next time, make sure you buy from a authorized dealer if you don't want them coming after you. Tell them you would like proof of purchase, tell them you want pictures, tell them you want their First name, last name, and who they represent. Don't take any shit.
     
    Last edited: Oct 29, 2011
  3. Treebeard

    Treebeard Newbie

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    They don't have our address, name or any information, though they could in theory get it I suppose if they could dig up another avenue which we sold in and sent in papers that forced them to reveal the identity of the bank account used.

    The account they actually purchased from has no information attached to it, and the money made is now just sitting in the account.
     
  4. r00tk3y

    r00tk3y BANNED BANNED

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    You knew prior that these products were fake then?
     
  5. Expertpeon

    Expertpeon Elite Member

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    You should really talk to an attorney just in case, and if he says not to worry you probably shouldn't have to worry too much?
     
    Last edited: Oct 29, 2011
  6. Treebeard

    Treebeard Newbie

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    No, this is just generally how we do business because of the way America is.
    At first we used our business PO box, but later changed it to a totally incorrect one.
    The fact the account they had did not have any bank attached was mere coincidence (perhaps luck), since I didn't have an account to attach to it yet.