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Cease and Desist Letter (PLEASE HELP)

Discussion in 'Copyright, Trademark, Patent Law' started by jamesey271975, Mar 21, 2007.

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  1. jamesey271975

    jamesey271975 Law Topic Starter New Member

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    Cease and Desist Letter (PLEASE HELP)
    What is the name of your state? Utah

    This is a letter in ITALIC from True Religion jeans I received after i had 30 pairs of their jeans ended on ebay auctions because they were fake (which i had no idea)

    My response in BOLD which i have not yet sent to them, tells my side of the story.
    I totally at a loss as to what I need to do. This was a completely innocent mistake and I feel like Im about to lose everything.

    Im not worried about True Religion suing me because I had no idea the jeans were fake. Whats worrying me is I never declared this income in my taxes because i sold these secondhand items on the side, and if True Religion report me because I cant send them the accounts they requested, Im in real trouble.

    So do i just send the letter or wait and see if they progress this.

    PLEASE HELP.


    -----------------------------------------------------------------------------------------------------------


    Jennifer Drysdale
    6 Bryan Avenue

    Re: Infringement of the TRUE RELIGION Trademarks and Copyrights
    Dear Jennifer Drysdale:
    We are writing to demand that you cease and desist from the use of Guru Denim, Inc._s and True Religion Apparel, Inc._s (collectively _Guru_) trademarks and copyrights on jeans offered for sale on Ebay. We also demand that you provide us with certain information and a subsequent payment, as described below.
    We represent Guru, the owner of all rights in and to the True Religion trademarks, which include (without limitation) the word marks TRUE RELIGION, TRUE RELIGION BRAND JEANS, and TRUE RELIGION BRAND JEANS WORLD TOUR FASHION FOR THE SENSES, and the distinctive stitching on the back pockets of our client_s jeans (_True Religion Trademarks_). Copies of some of Guru_s registration certificates are enclosed for your review.
    Guru also owns copyright rights in the artwork on the labels of its jeans (_True Religion Copyrights_). Guru has registered its copyrights in the labels with the United States Copyright Office.
    We recently learned that, without Guru_s knowledge or consent, you are selling counterfeit, or at the very least unauthorized, TRUE RELIGION brand jeans (the _Infringing Goods_) on your Ebay site at <www.ebay.com user name: falling_leaf_treasures>. Pictures of these jeans, including pictures of the distinctive stitching on the back pockets, and the copyrighted labels, are displayed on your website.

    The unauthorized use of Guru_s trademarks and copyrights demonstrates a total and willful disregard for Guru_s intellectual property rights. Such acts constitute counterfeiting, trademark infringement, false designation of origin, unfair competition and dilution under the Lanham Act, passing off and unfair competition under state statutory and the common law, as well as copyright infringement. Guru has many remedies available to it for your unlawful acts, including statutory damages, actual damages, your profits, and a nationwide injunction against any further infringement. Moreover, given the blatant and willful nature of your infringement, Guru would likely be entitled to an award of its attorneys_ fees. Please note, however, that the above is not intended to be a complete listing of Guru_s rights, and Guru reserves the right to assert other claims not stated herein.
    Notwithstanding the strength of our client_s claims and the available remedies, Guru is willing to resolve this matter amicably, but only if you agree in writing to immediately: (1) cease and desist from sale of the Infringing Goods; (2) cease and desist from all use of the True Religion Trademarks, and agree not to use them or any other trademark, logo, name, or the like confusingly similar thereto in the future; (3) cease and desist from all use of the True Religion Copyrights, and agree not to use anything similar thereto in the future; (4) agree not to sell, offer for sale, advertise, or otherwise display, in the future, the Infringing Goods or any other goods bearing the True Religion Trademarks or Copyrights, or anything substantially similar to either of the foregoing; and (5) provide us with an accounting based on the sale of the Infringing Goods, so that we may calculate a reasonable settlement amount that you will pay to Guru to compensate for your infringement. The accounting must state: (a) the amount of revenue that you generate through your website at www.ebay.com user name: falling_leaf_treasures on a monthly and yearly basis; (b) the number of units of Infringing Goods sold by you, through any outlet, including your www.ebay.com user name: falling_leaf_treasures website, from your first sale of the Infringing Goods to the present; (c) the cost to maintain your www.ebay.com user name: falling_leaf_treasures website on a monthly and yearly basis; (d) the length of time the Infringing Goods have appeared on your www.ebay.com user name: falling_leaf_treasures website; (e) the amount of both _hits_ and unique visitors that your www.ebay.com user name: falling_leaf_treasures website receives on a monthly and yearly basis; and (f) your source for the Infringing Goods.
    Please sign the letter below to indicate your agreement to these terms and return it to us along with the accounting. We have enclosed an additional copy of this letter for your files.
    _
    Unless we receive a signed copy of this letter and the accounting by the close of business on April 3, 2007, we will advise Guru to seek all remedies available to it for your unlawful acts. We look forward to your prompt response.
    Very truly yours,

    Chana Taft, Director of Operations
    True Religion Brand Jeans
    2263 E. Vernon Avenue
    Vernon, CA 90058

    cc: Jill M. Pietrini, Esq.
    Scott Lochner, Esq.
    Mark Kelson, Esq.
    AGREED AND ACCEPTED:

    www.ebay.com user name: falling_leaf_treasures


    ___________________________ Date: ________________
    Name: ______________________
    Title: ______________________



    Dear Sirs

    In answer to your email dated 3/20/07, I bought 30 pairs of these jeans from

    Crossroads Thrift Store 1385 W Indiana Ave, Salt Lake City 84104. . . . . Phone 801 359 8837

    This is their Mission Statement

    "Crossroads Urban Center is a non-profit, grassroots organization which assists and organizes low income, disabled, and minority Utahns to meet basic survival needs and to address essential issues affecting the quality of life. "

    This is their website

    http://www.crossroads-u-c.org/

    I had no idea they were counterfeit as I was told by the person in the store they were donated by chain store that had gone out of business. This second hand store gets lots of donations because it gives free clothes to the homeless etc. The store had the tags on these from 2004 stating the cost $285 and they said they would sell them to me for $10 each.

    I have been selling on eBay for 7 years with 99.4% positive feedback. I have never knowingly sold any counterfeit items on eBay or anywhere else. I have been a power seller for 5 years.

    I don_t keep record of hits on eBay because I don_t even list items every month. I have no accounts as I sell mostly secondhand purses for $8.99. My guess would be $600 a month, but I can_t verify that because my eBay account is suspended so I can_t check. The cost to maintain my eBay account is about $80 a month in sellers fees.

    I sold 4 pairs of these jeans for about $60, again I can_t give exact $ amount because my eBay account is suspended because you reported me. I don_t and have never sold anything anywhere else but eBay. I only bought the jeans from Crossroads about a month ago. I had never even heard of True Religion jeans until then.
    I of course swear I will not sell any more of your jeans and never intended in any way to sell fake or counterfeit items. I did email your representatives with eBay who offered me no explanation as to why these jeans were recognized as being fake.

    As I stated already I would never knowingly sell fake items to innocent buyers (as was done to me).
    I apologize sincerely for any harm caused by this innocent mistake by me. It seems the main damage that was done was to me in terms of me losing $300 and my eBay seller_s account.

    Sincerely
    Jennifer Drysdale (ebay user name falling_leaf_treasures)
     
    Last edited: Mar 21, 2007
  2. haveaniceday

    haveaniceday New Member

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    Has True Religion followed up with you about this? I sold a necklace on Ebay and now company has filed a suit against me and is asking for a settlement amount to close it. It was a $0.99 necklace.
     

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