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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111679
Experience:  Attorney practicing all aspects of copyright/trademark law
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Today I have received another letter from KILPATRICK

Customer Question

Today I have received another letter from KILPATRICK TOWNSEND Subjecting represent apple Inc in connection with intellectual property matters. can you help me in issue regarding this? Apple owns and uses the apple trademark, the apple logo, the IPHONE
trademark, the IPOD trademark and various other marks( Collectively referred to as the "Apple Marks") in connection with the design, manufacture and distribution of a broad array of goods and related services, including variously, personal computers, mobile
digital device handheld computers,mobile phones, peripherals, accessories and online retail services. Apple owns numerous registrations of the Apple Marks in the U.S. and elsewhere covering such goods. U.S. Customs and Border Protection ("Customs")has identified
you as the importer of goods Customs seized bearing counterfeit copies of one or more of the Apple Marks. Please see the enclosed letter Customs sent to Apple. The Ianham Act(15 U.S.C. §1051, et seq.)prohibits the import, manufacture, distribution, offer and
sale of counterfeit goods, and violations may subject one to civil and criminal liabilities. As we hope you will understand. The Apple Marks are vital symbols of the extensive goodwill and reputation that Apple has built in connection with its well-known products
and services. Apple takes very seriously the counterfeiting of the Apple Marks. Accordingly, we ask that you please provide us with the following information within ten (10) days of the date of this 1. Complete identification of the source(s)from which you
obtained any products bearing the one or more of the Apple Marks(the"Products at Issue") Complete and accurate records of all of your puchases of the products at Issue. including any shipments of such products that have been ordered but not yet received, and
including copies of all invoices, shipping records and correspondence with your source(s) 3. Complete and accurate details of your worldwide sales of the products at Issue, including(a) copies of all invoices, shipping records and correspondence with buyers,
(b) the total number of units of the Products at Issue you have distributed andlor sold to date, (c)the total amount of money you have received to date from the sale and distribution of these Products; and(d) the number of mits of products at Issue you still
have in inventory. 4. Written confurnation that you have ceased distribution and sale of any counterfeit items bearing the Apple Marks, and will not inEinge the Apple Marks or any of Apple's intellectual property rights in the future. Thank you for yom anticipated
cooperation and please do not hesitate to call if you have any questions. This letter is written without prejudice to Apple's rights and remedies, all of which are expressly reserved. If you believe that you have received this letter in error, please let me
know. Very truly yours,*****
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is a law firm that has been hired to represent Apple on protecting their patent rights. You can read more about this and this firm at: https://www.asicentral.com/news/newsletters/promogram/december-2014/apple-claims-patent-infringement-on-charger-products/
You are going to have to cease selling the products for now and you need to have an attorney respond to the firm. The reason you want an attorney to respond is anything the attorney says on your behalf they cannot use against you, but if you respond then later anything you said in the response letter can be used against you in a civil suit.
So you need to get the information together and you need to get a local attorney to represent you to reply to them to try to stop them from filing suit against you for damages, which could run into the millions since the Lanham Act provides for triple damages and awards can be over $100,000 per violation.
Customer: replied 1 year ago.
I would like to do that What Do I need to do? I don;t want any trouble now. I did;t sell anything like this. That was my first order and they caught it on custom.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You need to get a local intellectual property attorney to represent you and write the letter and you can do so at the same sites used by other attorneys, http://www.lexmundi.com or http://www.hg.org and get them all of the information you are asked for in the letter so they can answer.

Customer: replied 1 year ago.
How much does it cost me to write the letter? Is all I needed for get release from this case.? I;m a unemployed and full-time college student. So please you can help me on that..
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In general, an intellectual property lawyer will charge between $500-$700 just to write the letter. Legally we are forbidden by state law from representing anyone from this site, so we cannot do that for you, but you have to get this done and provide them the information you are seeking and to avoid them suing you because then the cost could be far in excess over those fees to write a letter.
Customer: replied 1 year ago.
I Did;t sell and item like this and even I told custom if its Unauthorized to sell in USA Won;t buy anything like this next time in future. I meant to order accessories for iPhone in the box. I didn't know that it has an Apple logo on it. I just want to get out from this case of without spending any money. Does it possible you can help me to write the letter from me? or its possible I can make them reply fro all those answers?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I understand your position, but it can still be a violation of the law, which is why you need an attorney to explain what happened and to cooperate with the law firm to pursue the true violators.
Legally we are forbidden from representing anyone from this site, that is against state laws. So you really have no choice here but to get a local attorney to properly protect yourself.
Customer: replied 1 year ago.
If I hire attorney and send them all information about they asking, then they won;t files any case against me right? Since I;m unaware of selling me counterfeit product by company and its already destroyed by custom. I'm so worried about of this because I;m getting in trouble for receiving nothing.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is correct, if you were not selling and merely tried to import, they are not usually going to file a case against you because you are cooperating with them. The only time they generally will file suit is if you do not cooperate.
Please do not forget that the experts on this site are not employees of the site, they are independent users like you. The experts get no credit for spending time with customers unless you click on the positive feedback stars at the top of your page. Please do not forget to do so. Thank you.
Customer: replied 1 year ago.
I have talked to some IP lawyer and I tell them my all situation about this issue.The fees are they asking me for just writing letter is way much then I was thinking. What can be happen if you write letter by yourself? I can;t afford that kind of money. Please Guide me..
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You should not write the letter yourself, you are looking at a potential of $100,000+ in possible fines and sanctions or civil judgments and it is way too important not to spend the money on an attorney for.
However, if you want to write the first response and say nothing except, "I believed I was buying legitimate product and this is all of the information you are asking for..." then you can do that. If the law firm replies to you and demands more, then you must hire an attorney.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
Should I make them call and ask all that answers on the phone or ask them for what should I need to do next? Do I need lawyer to write a letter for resolving this case?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Do not make a call to them, you need to send them a letter. They cannot tell you what to do.
You ask again, "do I need a lawyer" which I told you above you should have unless you insist that you cannot pay to get one and have no choice but to write the letter yourself.
I have told you what you need to do though above.

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