1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Being Threatened by Nike Lawyers PLEASE HELP

Discussion in 'Copyright, Trademark, Patent Law' started by needhelp2007, Jun 1, 2007.

Thread Status:
Not open for further replies.
  1. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,007
    Likes Received:
    543
    Trophy Points:
    113

    1. You guys have no counterclaim since you have no damages at all. You're the ones alleged to be doing the damage.

    2. Regarding the jurisdicational challenges, yes this is a typical way to proceed. However, this is typically a waste of time because in the event Nike wants to sue you they will have representatin in every state.

    3. I have no idea what law firm is claiming to represent Nike. Can you provide the actual notice you received, either scan it and attach it? This could be a scam.

    With the small amount of money involved, if you cease and desist the chances are that there will be no prosecution since it would be too costly for them to go through with anything other than small claims. As such, a law firm may (or may not) purchase the right to take these cases which help Nike prevent infringement by showing proof that it prosecutes offenders.

    I just looked up the law firm Holihan Law. It was as I suspected. It's reported to be a 2 attorney firm who prosecutes trademark and copyright violations. This is probably a small operation that does these things in bulk and manages the "not worth it" cases for large companies.
     
  2. royalguy

    royalguy New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    any update yet? has holihan tried to make contact with you again? they just sent me another letter that if i dont respond in 7days, they will pursue legal action...im trying to get in contact with nike legal dept but no luck yet, Consumer affairs was of no help either.
     
  3. lbk27

    lbk27 New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    same siutation

    I sold some nokia replica phones on ebay (two of them to be exact) although I did know they were fakes I never tried to pass them off as real nokias. I placed in big bold letters on my listing/ad that "This is not a nokia phone" and my phone does not bear the nokia logo anywhere on it.

    Anyways, I also received a letter from holihan law also. They said that I was willfully counterfeiting and infringing. The letter also mentioned violating the Lanham act and Idaho's common law (does it matter I live in Georgia?) They told me to contact them within 5 days and give them all paperwork which includes invoices etc. and the rest of my inventory.

    I called and spoke to Cindy Baker the paralegal also. She said that Nokia would be asking for damages of possibly up to 100k! And that if I comply that it probably wouldn't be as much. I have agreed to send them everything they demanded. Should I hold off? Sounds like I am in the same situation as you guys, what did you all do? What should I do?

    I spoke to a friend and he said that they cannot ask for damages unless they are actually suing you. Are they just intimidating me into giving them money?
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,007
    Likes Received:
    543
    Trophy Points:
    113

    Holihan Law Firm's opinion is their own. You're entitled to yours. A judge and maybe a jury will decide for sure where the law is. In the meanwhile, we can make assumptions based upon the facts they know. It is very common for law firms to attempt to "bully" and scare regular people into turning over everything they have - whether or not they have the right to do so. Holihan can tell you that damages could run into the millions - which is technically correct from their point of view. If you've sold 100,000 counterfeit phones, that could be the case. But that probably isn't the case. And in your instance, what do you think? If you were selling two phones - let's even say they were counterfeit - do you think that they would be able to get $100,000 in damages?

    If you're thinking of dealing with the law firm, I'd suggest you say as little as possible and think as much as possible before you make contact. The danger you risk is that they file a lawsuit and then try to recover the total amount against you. The challenge is that if they are right with regard to infringement, and they actually do decide to play chicken and sue you, they may be able to also obtain attorneys fees. This could be a high risk for a few small items just to recoup costs and maybe additional profit. However, experiences may vary.
     
    lbk27 likes this.
  5. lbk27

    lbk27 New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    I knew that the $100,000 was ridiculous, but I have never been involved in anything like this so when she said that I almost peed my knickers. I didn't even know that what I was doing was even wrong. Also, I have not even made a profit yet. The amount I have sold has not yet even broken even yet with what I have spent.

    The letter they sent me was basically a cease and desist letter. I have already spoke to the paralegal and wrote them an email in writing that I would cease any future activities.

    So would it be wise to no longer contact this law firm anymore? Is it even worth their time to even try to sue me? The amount that I sold is not even over $1000.

    Thanks for you first response btw.
     
  6. AZGuy

    AZGuy New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0

    Rule #1 - Keep your story consistant.
     
  7. OC101

    OC101 New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I also got a letter from Holihan Law asking for money. Have you found out if they are legitimate (they do represent the company they say they do) or if it is a scam?
    Thanks,
     
  8. OC101

    OC101 New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Hi there! I also got a letter from Holihan Law asking for money! I would like to know if you found out if it is for real or if it is a scam? They are saying they represent Disney and Warner Bros.
    Thanks!
     
  9. OC101

    OC101 New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    anyone to help?
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,007
    Likes Received:
    543
    Trophy Points:
    113

    Is there something you should be worried about? If they are a law firm and they are members of the bar, then I'm guessing the letter is probably legitimate. Do you have reason to worry? People don't usually take time to say they are lawyers and ask for money unless there is a dispute involving the recipient.
     
  11. OC101

    OC101 New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I shouldn't have any reason to worry since they are making false allegations but should I pay my attorney $500-850 to respond or just ignore in case it is a scam? Since people on this thread has had to deal with this same company on cases that do sound like a scam I would like to know if any of them have a final response/conclusion.
     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,007
    Likes Received:
    543
    Trophy Points:
    113

    You still haven't explained why this is a scam. They are obviously not shaking you down for $850 for nothing. They probably allege you did something wrong?
     
  13. OC101

    OC101 New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Why I think it is a scam: You receive a letter saying "Send me a money order or cashiers check... " you HAVE to make sure it is not a scam (because it sounds like one). Like I said, they are making false allegations.
     
  14. texasdf

    texasdf New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    any more update on this?

    It has been a while, have u guys paid the $500 to that law firm?
     
  15. MUSIALPLLC

    MUSIALPLLC New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    Guys listen, I am shaking my head reading this stuff. First of all, if the shoes you are selling are “replicas” as you call them and you know they are copies of Nike shoes, it is trademark infringement and counterfeiting. Mike Holihan is a real attorney and represents Nike. I have represented a client in a case against him. Your best bet is to settle in one way or another. Contact an IP attorney near you to handle the matter. One expertized in defending counterfeit cases is ideal. Good luck.
     

Share This Page

Thread Status:
Not open for further replies.