i bought some bose headphones in a flea market ,,the vendor told me and assure me its genuine ..and i sold it on amazone , but amazone suspended my account because i was selling fake item , which i was not aware of ..its been 3 months since amazone suspend my account ..now few days i got an email from a law firm :- Re: Sale of Counterfeit BOSE Goods Dear XX. XXXXX: 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 manufacturing, offering for sale and/or selling merchandise on the Amazon website, bearing one or more of the Bose Trademarks, or bearing marks substantially indistinguishable thereto, and that this merchandise is 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). Federal Criminal law 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). 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. In addition, my client strongly urges you not to contact any manufacturers, distributors, and/or suppliers of the counterfeit merchandise or to take any other action which would interfere with my client's 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. If I do not receive the requested information within the next seven (7) days, my client may be forced to file a civil action against you. 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. what i should do ?
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