Legal Question in Intellectual Property in Florida

I have a shop on a handmade website. I sell handmade jewelry made from designer buttons. I make all of it myself. The buttons are the focal point of the pieces, but some are more elaborate than others, ie, earrings, necklaces etc. I had the designers name in the listing title as " Jane doe inspired" etc. I clearly stated in the description that everything is handmade by me with upcycled buttons. I had a copyright infringement lawyer from "Jane Does'" company purchase 2 items from me yesterday. I knew it was the said person because they had sent me a cease and desist letter on another page I had been selling on a year ago and I closed it down. I don't understand why she would purchase 2 of my items and am afraid that she may be up to something that i should be worried about. I haven't sent the items out yet and don't know what to do. I'm thinking she may want my information and such and that's why she bought these items. Any help would be appreciated.

Asked on 9/06/13, 8:11 am

1 Answer from Attorneys

Byron Petersen Byron G. Petersen P.A.

I hope litigation is not necessary. You should have the cease and desist letter reviewed by a Florida lawyer with at least some IP experience.

I would ship the buttons or else there could be a very minor small claims court demand for an uncompleted contract on top of everything else. The attorney that bought the buttons could always get samples in IP litigation, in any event.

I can't tell you whether to comply with the cease and desist letter without reading it in full. The letter is not the Bible and often claims are made to cease and desist when the sender is in error or there is no support for the sender's position in the matter.

This is not a legal opinion. That can only be obtained by formally retaining a Florida lawyer and conferring with him or her.

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Answered on 9/07/13, 1:49 pm

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