I was selling voltron stickers on ebay and on a website. I had only about 2 sales of about $10 and then I received the following email.
I read around and people were saying it's a scam or not to reply. What happens if i totally just ignore the email? Will they have the right to sue?
I read around and what it seems is that they will ask for $300 to cover the fees after you reply to them.
I live in Canada. Do they have grounds to sue?
Any advise will be helpful. Thanks!
Re: Unauthorized Use of VOLTRON Trademarks and/or Copyrights
Dear Mr. <Name>:
I represent Classic Media LLC and its affiliated companies (hereinafter "Classic Media") with respect to certain intellectual property enforcement matters. Classic Media is the owner of numerous trademarks and copyrights. In addition, Classic Media has the right to conduct enforcement efforts on behalf of the owners of the VOLTRON trademarks and copyrights (hereinafter "Classic Media Trademarks and Copyrights").
It has recently come to my client's attention that you are blatantly infringing the federally VOLTRON trademarks, specifically by manufacturing, offering for sale and/or selling unlicensed products on eBay.com and your website, which bear one or more of the VOLTRON trademarks, or bear marks substantially indistinguishable thereto. As such, your unauthorized use of the Classic Media 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, my client can institute a civil action for trademark infringement, trademark dilution and unfair competition may be instituted 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 unauthorized use of the Classic Media 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 unlicensed merchandise bearing any of the Classic Media Trademarks and/or copyrights, now or in the future;
2. Immediately voluntarily surrender to Classic Media 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 Classic Media, 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 the Classic Media Trademarks and/or Copyrights(quantity and price), 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 Classic Media, with the name(s), and address(es) of your supplier(s) for each product, which bears any reproduction, copy, counterfeit, or colorable imitation of Classic Media Trademarks and/or Copyrights;
5. Provide Classic Media, 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 the Classic Media Trademarks, and/or Copyrights;
6. Provide Classic Media, with a detailed accounting of your profits from the distribution of products bearing any reproduction, copy, counterfeit or colorable imitation of the Classic Media Trademarks and/or Copyrights;
7. Agree to pay Classic Media those damages attributable to your use of simulations of the Classic MediaTrademarks, and/or Copyrights, including your profits, together with any attorneys' fees and costs which Classic Media has sustained in connection with this matter; and
8. Confirm, in writing, 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 Classic Media is entitled and Classic Media 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 business 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
Brand Protection Services LLC
Stacy L. Papachristos, Esq.
President & Senior Counsel
PO Box 663
Stratford, CT 06615
Telephone: 203-380-2222
Mobile: 203-231-9594
E-mail:
I read around and people were saying it's a scam or not to reply. What happens if i totally just ignore the email? Will they have the right to sue?
I read around and what it seems is that they will ask for $300 to cover the fees after you reply to them.
I live in Canada. Do they have grounds to sue?
Any advise will be helpful. Thanks!
Re: Unauthorized Use of VOLTRON Trademarks and/or Copyrights
Dear Mr. <Name>:
I represent Classic Media LLC and its affiliated companies (hereinafter "Classic Media") with respect to certain intellectual property enforcement matters. Classic Media is the owner of numerous trademarks and copyrights. In addition, Classic Media has the right to conduct enforcement efforts on behalf of the owners of the VOLTRON trademarks and copyrights (hereinafter "Classic Media Trademarks and Copyrights").
It has recently come to my client's attention that you are blatantly infringing the federally VOLTRON trademarks, specifically by manufacturing, offering for sale and/or selling unlicensed products on eBay.com and your website, which bear one or more of the VOLTRON trademarks, or bear marks substantially indistinguishable thereto. As such, your unauthorized use of the Classic Media 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, my client can institute a civil action for trademark infringement, trademark dilution and unfair competition may be instituted 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 unauthorized use of the Classic Media 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 unlicensed merchandise bearing any of the Classic Media Trademarks and/or copyrights, now or in the future;
2. Immediately voluntarily surrender to Classic Media 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 Classic Media, 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 the Classic Media Trademarks and/or Copyrights(quantity and price), 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 Classic Media, with the name(s), and address(es) of your supplier(s) for each product, which bears any reproduction, copy, counterfeit, or colorable imitation of Classic Media Trademarks and/or Copyrights;
5. Provide Classic Media, 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 the Classic Media Trademarks, and/or Copyrights;
6. Provide Classic Media, with a detailed accounting of your profits from the distribution of products bearing any reproduction, copy, counterfeit or colorable imitation of the Classic Media Trademarks and/or Copyrights;
7. Agree to pay Classic Media those damages attributable to your use of simulations of the Classic MediaTrademarks, and/or Copyrights, including your profits, together with any attorneys' fees and costs which Classic Media has sustained in connection with this matter; and
8. Confirm, in writing, 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 Classic Media is entitled and Classic Media 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 business 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
Brand Protection Services LLC
Stacy L. Papachristos, Esq.
President & Senior Counsel
PO Box 663
Stratford, CT 06615
Telephone: 203-380-2222
Mobile: 203-231-9594
E-mail:
