Hi lawyer. Let me tell you my situation. About 2 months ago, I listed selling jerseys on eBay, later my listing got pulled off because a law firm called Gibney Anthony & Flaherty in New York claimed that I sold fake jerseys which violated Adidas trademark. I got jerseys from suppliers in China, I have no ideas that they were fake, now I still don't know if they're fake or not. Today, I received a letter from this law firm (the letter was delivered to my PO Box, didn't require signature). The letter is below:
Dear Mr. Thai:
It has recently come to our attention that you are illegally offering for sale and selling merchandise bearing counterfeits of the adidas and/or Reebok and/or our other client's Trademarks(the"IllegalMerchandise")on eBay.com.
Such action is likely to cause confusion and constitutes trademark counterfeiting, infringement and dilution of our clients' intellectual property rights. Your conduct violates federalandstatetrademarklaws.Asaresult,youmay beheldliablefortrademarkcounterfeiting andinfringement. Thepenaltiesforsuchconductaresevereandmayincludeinjunctiverelief, actual damages, statutory damages of up to $2,000,000 for each trademark that has been counterfeited,costsand attorneys'fees(See 15 U.S.C.§ 1117 etseq.).
Therefore,we demand that you immediately cease and desistfrom any and alloffering forsale,sale,distribution,importation,manufacture,advertisement,promotionanddisplayofthe IllegalMerchandise. We alsodemandthatyoudothefollowing:
1. SurrenderallIllegalMerchandiseinyourpossession,custodyorcontrol. 2. ProvidetheidentityofthesourceoftheIllegalMerchandise.
Do notdestroynordiscardtheIllegalMerchandise.We stronglyurgeyounottocontact thesupplieroftheIllegalMerchandiseortotakeanyotheractionwhichwouldinterferewithour client's ability to eliminate Illegal Merchandise from the marketplace and will hold you responsibleforyourcomplicityinanysuchactionstothemaximum extentprovidedbylaw.
Please complete the information below and return italong with the merchandise to: Gibney,Anthony&Flaherty,LLP
,665FifthAvenue,New York,NY 10022,Attn:IP Department.
You hereby warrantand representthat:
1. AlltheIllegalMerchandisehasbeenwithdrawnfromeBa,~andallothervenuesandyou have surrendered all Illegal Merchandise in your possession or control to the undersigned counselforadidas.
3. You willneveragainadvertise,manufacture,offerforsale,sellorotherwisedistributethe Merchandise that infringes upon adidas and/or Reebok's and/or our other client's rights in anyvenue,including,butnotlimitedto,eBa,~.
4. Yousold piecesofIllegalMerchandiseandyourprofitsfromthesesales were$
5. Youaresurrendering piecesofIllegalMerchandise.
￼GIBNEY ANTHONY & ~~.AHERTYr~p
IN WITNESS WHEREOF,youagreetotheforegoing. Date:
Please be advised that this is not an exhaustive list of adidas' rights or remedies. Based on the information you provide and your compliance with the aforementioned demands, adidas reserves the right to seek damages in connection with your infringing activity. Your failure to respondortocomply withthesedemands beforeJune 14,2013,may resultinourclientstaking legal action to enforce their rights,all of which are hereby expressly reserved.
I'm very worried right now. I have researched on the internet and found out that a lot of people were in the same boat with me. Most of people just ignored because they believed it was just a scare static. SOme ignored and it went away eventually. I really have no idea. Would this be possible that they suit me in court? I mean they don't have any evidence, all they have is the pictures and description on eBay. What should I do? Thank you!