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.
1 Answer from Attorneys
attorney writing you the cease-and-desist letter.Since we have not seen your doll, have not seen the CDL (cease and desist letter) nor the items you are alleged to infringe, there is no way for us to tell you whether you have a right to keep selling your product or not. Obviously there is a legal risk if you do since you have received a cease-and-desist letter. Your self-serving statement of facts is not very reassuring, and in fact makes me less sure about your case since you appear to be evasive. You need to hire an intellectual property law attorney to review this and respond to the attorney writing you the cease-and-desist letter. You should not respond to the attorney yourself as you may say something that makes your situation worse rather than better. Also, the attorney writing you the letter will not believe much that you say but will have to respect what an attorney writes in response since it will be worded properly to present your actions in the best light possible under the law.
Bottom line: you need to hire an attorney
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