Legal Question in Intellectual Property in New York

Cease and desist letter.

I happened to sell one jersey on ebay that the Adidas group says is fake. They sent a cease and desist letter demanding that pay them $450 and all my merchandise as well as stating that I cannot sell their jersey on ebay again and that I have to tell them who my supplier was. My wife sent a letter out of fear to them saying that we will comply and then called them letting them know how many jerseys I have. She asked them if we don't comply what would happen? They said they will take legal action against us and make us pay their legal fees. I on the other hand think this outrageous. Will this law firm go ahead with legal procedings against me if I don't comply? Eventhough I sold only one jersey? I don't want to relinquish my merchandise to them even if I never sell them again. Please any help would be appreciated. Thanks.


Asked on 4/12/08, 12:30 pm

1 Answer from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: Cease and desist letter.

One thing lawyers don't do is foretell the future, at least not in any professional capacity. That you think the law firm's demands are outrageous is probably not the best way to start. If they do sue you, someone will likely be paying their bill or they may be on a continuing retainer to enforce Adidas' rights. If it's the latter and you don't comply, they may very well initiate a claim. In my experience cease and desist letters are intended to do exactly what this one did: stop the unlawful commerce. Depending upon how many units you made will likely make the difference. if you've manufactured enough in Adidas' opinion, you may very well hear from them again. If you've made a handful, and you've agreed in writing not to sell the others, you may avoid trouble. The bottom line is that you did something unlawful, you should make the appropriate amends and be done with it but that's just one person's (not necessarily a lawyer's) advice.

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Answered on 4/13/08, 8:24 pm


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