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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89360
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I just received an email from Stacy Papachristos about selling

Customer Question

I just received an email from Stacy Papachristos about selling Bose headphones on Amazon. As well she say's she represents Bose and is asking a lot from me to submit to her in a seven day period. She is a real lawyer I looked her up on linkedIn and she is in a small practice on her own. What is strange about the letter is that it is telling me to report all info to Bose without her giving me any address to give the information to

So the email goes:

I represent Bose Corporation (hereinafter "Bose") with respect to certain intellectual property enforcement matters. Bose is the exclusive owner of numerous trademarks and service marks, including but not limited to the BOSE, TRIPORT, QUIETCOMFORT and QC trademarks (all hereinafter referred to as "Bose Trademarks").

It has recently come to my client's attention that you are infringing one or more of its federally protected BOSE Trademarks, specifically by selling Bose Headphones on the Amazon website, which are counterfeit. Your unauthorized use of one or more of the Bose Trademarks may constitute actionable trademark infringement, counterfeiting, and dilution in violation of U.S. federal trademark law (15 U.S.C. §§1114, 1125) and unfair competition law. Federal Trademark law specifically prohibits the distribution of goods or services bearing counterfeit marks and Bose as trademark holder can institute a civil action for trademark infringement, trademark dilution and unfair competition seeking permanent injunctive relief, an award of profits, treble damages and reasonable attorneys' 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).

Accordingly, my client demands that you:

1. Immediately and permanently cease manufacturing, distributing, advertising, offering for sale, and/or selling any merchandise bearing any reproduction, copy, counterfeit or colorable imitation of Bose Trademarks or any other mark that may be confusingly similar to any of Bose's trademarks, now or in the future;

2. Immediately voluntarily surrender to Bose, your entire inventory of such infringing products on hand as of the date of delivery of this letter;

3. Provide Bose, 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 Bose Trademarks (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 Bose, 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 Bose Trademarks;

5. Provide Bose, within 7 days of receipt of this letter, with a report detailing the names, physical addresses, email addresses, and telephone numbers of all store jobbers, wholesalers, or other buyers, sellers or distributors to which you have sold such products which bear any reproduction, copy, counterfeit or colorable imitation of Bose Trademarks;

6. Provide Bose, 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 Bose Trademarks;

7. Agree to pay Bose those damages attributable to your use of simulations of Bose Trademarks, including your profits, together with any attorneys' fees and costs, which Bose 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.

If I do not receive the requested information within the next seven (7) days, my client may be forced to proceed with further civil action.

I await an immediate response from you or your counsel. The demands made herein are not made to the exclusion of other remedies to which Bose is entitled and Bose specifically reserves its right to seek all remedies available to it under law as a result of the infringing activities addressed herein.

Sincerely,
Stacy L. Papachristos

IPAssure
Brand Protection Services LLC
Stacy L. Papachristos, Esq.
President & Senior Counsel
PO BoxXXXXX06615
Telephone: XXX-XXX-XXXX
Mobile: XXX-XXX-XXXX
E-mail:XXX@XXXXXX.XXX
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months 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 standard cease and desist letter for trademark infringement. You are going to have to prove you are not selling counterfeit material and if by chance you are then you will indeed need your attorney negotiate with them. If they prove you are selling counterfeit items this can be very costly to you. If you are selling verified real items, then legally you have a right to resell them and that is the response you would send to the attorney, but you have to prove they are the real thing.



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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

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