I've received an email from Rosetta Stone saying that I have to response to this email within 5 days or they will reserve the right to take legal action against me.
I sold 4 copies of Rosetta stone Spainish, which obtained from a friend of mine who told me that he got them from a Chinese software liquidator. He asked my help to sell them on ebay.
What should I do to protect me from going to lawsuit with RS.
Should I ignore the email? Since I've already stop selling any RS on my ebay account,
RE: Cease and Desist
/Illegal Distribution of Counterfeit Rosetta Stone Software
April 29, 2013
XXXXXXX, NY XXXXX
(My email Address)
RE: Cease and Desist/Illegal Distribution of Counterfeit Rosetta Stone Software
Rosetta Stone Ltd (“Rosetta Stone”) is the owner of the well known trade mark and trade name ROSETTA STONE.
Rosetta Stone takes seriously any infringement of its trademarks
and other intellectual property rights, and has been conducting a broad investigation, in conjunction with various federal and state law enforcement agencies, into the illegal counterfeiting, sale and distribution of Rosetta Stone software. Through reports from consumers and/or various other sources, Rosetta Stone has been made aware that you may have offered for sale, sold and/or distributed counterfeit or otherwise unauthorized software that purports to be Rosetta Stone software through various Internet outlets, including but not limited to www.eBay.com.
If you believe that you have been linked to this counterfeiting investigation in error, or if you would like to provide any mitigating or clarifying information regarding your activities and your source for the product you marketed and/or sold, you must contact us no later than 5 days from receipt of this notice. Please be aware that unless we hear from you in the next 5 days, Rosetta Stone will seek all appropriate legal and equitable relief arising out of your violation of United States law.
In addition, it is imperative that you immediately cease and desist all infringing activity with regard to Rosetta Stone’s software and related materials, and provide written confirmation. Your failure to comply immediately with the foregoing and provide written verification will be added to the case-file.
Rosetta Stone’s software is protected under a wide range of state and federal statutes. You should be aware that the distribution of counterfeit software violates federal copyright and trademark laws, including unfair competition and the Lanham Act, as well as certain state and local laws. Even an unintentional distribution of counterfeit software in violation of the federal copyright and trademarks laws could subject you to civil liability. Federal law authorizes damages of up to $150,000 for each willful copyright infringement
and up to $1,000,000 for willful trademark infringement
, in addition to 5 years of imprisonment, or 10 years for repeat offenders.
In addition, your activity is likely to cause consumers to believe that you are authorized by or associated with Rosetta Stone.
Please be advised that Rosetta Stone hereby reserves all of its rights to seek all appropriate legal and equitable relief arising out of the aforementioned violations of law. You have a duty to maintain all relevant documents, including electronic files. As such, you must not only refrain from affirmatively destroying documents and files, but must also turn off or otherwise prevent any automatic or systematic deletion of electronic files, inasmuch as those files may relate to your selling of purported Rosetta Stone software and related materials.
We urge you, or your attorney, to contact XXXXX XXXXX in the Legal Department of Rosetta Stone at (XXX) XXX-XXXX no later than 5 days from the receipt of this letter to confirm that you have discontinued the distribution of counterfeit and/or unauthorized software and to discuss this situation. Alternatively, you can go to the Rosetta Stone website (www.rosettastone.com), call the toll free number listed on the top (1-XXX-XXX-XXXX), and ask for XXXXX XXXXX in the Legal Department.
Rosetta Stone Enforcement