Indiana  |  Intellectual Property

Legal Question

Asked on: 9/11/13, 11:06 am

I have a very small online store and received a cease and desist letter for selling a 12"doll that they claim infringes on copyright for a fashion design and likeness infringement under the Lanham Act. I purchase this from an overseas vendor and wanted to know if I have to give them information they request?

The item in question claims to look like the fashion designer and resembles a real fashion item they made in 2009 and sold in limited numbers in 2010. Do I need to respond to this and what information do I need to ask of them to verify if they have a trademark for such a similar item and does it matter at all because the product is a small doll and they sell independent life size fashion clothing. The company has not used the "client" name on their product, claimed any genre pertaining to the "client" and has not marketed the doll under any inclination that it is the "client" from what I have searched and read.

Do I have a right to keep selling my product?

Thank you and I hope you can help.

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