Thank you so much for answering. I truly appreciate it. Th original request came from WA. This attorney is located in CT. I have sent an email to her "client" asking if she represents them.
This is the original email:
I represent Bagdasarian Productions LLC ("Bagdasarian") with respect to certain intellectual property enforcement matters. Bagdasarian is the exclusive owner of numerous trademarks for the ALVIN & THE CHIPMUNKS names and characters (hereinafter referred to as "Bagdasarian Trademarks"). In addition, my client owns numerous copyrights for the ALVIN & THE CHIPMUNKS characters and related footage (all hereinafter referred to as "Bagdasarian Copyrights").
It has recently come to my client's attention that you are blatantly infringing their federally protected Bagdasarian Trademarks, specifically by manufacturing, offering for sale and/or selling products on eBay.com bearing one or more of the Bagdasarian Trademarks, or bearing marks substantially indistinguishable thereto, and that this merchandise is unauthorized. Your unauthorized use of Bagdasarian Trademarks may constitute actionable trademark infringement, counterfeiting, and dilution in violation of federal trademark law (15 U.S.C. §§1114, 1117, and 1125) and unfair competition law. In addition, Bagdasarian as trademark holder can institute a civil action for trademark infringement, trademark dilution and unfair competition seeking permanent injunctive relief and an award of treble damages, plus counsel fees and costs , or can elect to seek statutory damages of up to $2,000,000 for willful infringement (15 U.S.C. §§ 1116 and 1117). Federal law specifically prohibits the distribution of goods or services bearing counterfeit marks and makes such activity punishable by a fine of up to $2,000,000 and a possible prison term of up to 10 years (18 U.S.C. § 2320).
Moreover, your use of Bagdasarian Copyrights constitutes actionable copyright infringement (17 U.S.C. §501). Under U.S. Copyright law, my client may be able to obtain actual damages plus any additional profits you made on the infringing products, counsel fees and costs, or statutory damages of up to $150,000 per work infringed (17 U.S.C. §504, 505).
Accordingly, we demand that you:
1. Immediately and permanently cease manufacturing, distributing, advertising, offering for sale, and/or selling any merchandise bearing any of the Bagdasarian Trademarks and/or Bagdasarian Copyrights, or any other mark that may be confusingly similar to any of Bagdasarian's Trademarks, now or in the future;
2. Immediately voluntarily surrender to Bagdasarian and/or law enforcement officials, your entire inventory of such infringing products on hand as of the date of delivery of this letter;
3. Provide Bagdasarian, within 7 days of receipt of this letter, with a report indicating separately for each product on it, the sales which you have made of products which bear any reproduction, copy, counterfeit or colorable imitation of Bagdasarian's Trademarks (quantity and price), and/or Bagdasarian Copyrights, together with your cost for each product. Copies of your records confirming your purchases and sales of such products should be enclosed with the reports;
4. Provide Bagdasarian, within 7 days of receipt of this letter, with the name(s), and address(es) of your supplier(s) for each product, which bears any reproduction, copy, counterfeit, or colorable imitation of Bagdasarian Trademarks and/or Bagdasarian Copyrights;
5. Provide Bagdasarian, within 7 days of receipt of this letter, with a report detailing the names, addresses, and telephone numbers of all store jobbers, wholesalers, or other sellers or distributors to which you have sold such products which bear any reproduction, copy, counterfeit or colorable imitation of Bagdasarian Trademarks, and/or Bagdasarian Copyrights;
6. Provide Bagdasarian, within 7 days of receipt of this letter, with a detailed accounting of your profits from the distribution of products bearing any reproduction, copy, counterfeit or colorable imitation of Bagdasarian Trademarks and/or Bagdasarian Copyrights;
7. Agree to pay Bagdasarian those damages attributable to your use of simulations of Bagdasarian Trademarks, and/or Bagdasarian Copyrights, including your profits, together with any attorneys' fees and costs which Bagdasarian has sustained in connection with this matter; and
8. Confirm in writing, within 7 days of receipt of this letter, your compliance with the foregoing.
In addition, we strongly urge you not to contact any manufacturers, distributors, and/or suppliers of the counterfeit merchandise, or to take any action which would interfere with our ability to eliminate counterfeit merchandise from the marketplace and will hold you responsible for your complicity in any such actions to the maximum extent provided by law.
The demands made herein are not made to the exclusion of other remedies to which Bagdasarian is entitled and Bagdasarian specifically reserves its right to seek all remedies available to it under law as a result of your infringing activities.
If I do not receive the requested information within 7 days of your receipt of this letter, my client may be forced to take further legal action.
We await an immediate response from you or your counsel.
Sincerely,
Stacy L. Papachristos
IPAssure
Now she is saying that the settlement will be for a larger amount b/c she has to mail the documentation. The listing was pulled immediately. There is no merchandise b/c it was made to order. I thought this was covered under the first sale doctrine. What can I do? Thank you again for responding, I do appreciate it.
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