Cease and desist letter from Adidas America, Inc.

This is a discussion on Cease and desist letter from Adidas America, Inc. within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; I was recently selling NFL jerseys from an over seas supplier on Ebay. I was not aware that they were ...

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Old Mar 28th, 2008, 05:06 PM   #1
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Confused Cease and desist letter from Adidas America, Inc.

I was recently selling NFL jerseys from an over seas supplier on Ebay. I was not aware that they were fake or counterfeit. But I now know that they are because I recieved a cease and desist letter from attornys representing adidas America, Inc. Not only do they want me to stop selling the jerseys (which I don't know how they can tell if they are fake or not), the want me to send them a decent amount of money, all jerseys in my possesion, a list of suppliers, and how much I profitted from the nine (yea only nine) that I sold.

My question is, can they do this? This is the first time adidas or anyone representing them has contacted me. I understand them wanting me to stop, no problem, but having to send them money, merchandise, names of suppliers, how much I made -- are they allowed to do that, even when they have never contacted me before? The letter also says that failure to do so by April 2, 2008 may result in legal action. I just recieved the letter today, that gives me three business days to comply.

I don't know what to do. I'm afraid if I don't comply, I will be sued. If I do, I'm afraid I may get sued anyway because doing so would be admitting guilt. Are they just trying to scare me, or do I really have something to worry about. Why don't they go after the hundreds of suppliers on the internet, (google it, you'd be amazed), why target a guy on Ebay who sold nine jerseys.

Any advice will be greatly appreciated. Thanks.
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Old Mar 30th, 2008, 05:30 PM   #2
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Default re: Cease and desist letter from Adidas America, Inc.

They usually will not really sue over that--your damage to them was not that great and it would be costly. But do cease all sales.

World Law's lawyers could also probably intervene and help resolve this if need be. You may email them on the home page.
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Old Apr 1st, 2008, 02:09 AM   #3
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Default re: Cease and desist letter from Adidas America, Inc.

I am sitting here at 3:00 in the morning with the absolute same problem. I bought Eli Manning jersey's on Craig's List in a lot and paid over $600 for a bunch of them. I put them on ebay and then got the letter saying that I was selling jersey's that were fake. Well how the hell am I suppossed to know this. They look good, they feel great and I saw a picture of Eli wearing the same jersey. How is the little guy suppossed to know?? So I called the law firm and talked to a woman who I have to say was actually very nice. I went to state my case and she told me that there is nothing that she could do. Well I beg to differ, ya see, there are thousands of people out there just like me, a guy who just wants to make extra cash leagally, I leagally bought the items and ebay allowed me to sell them (I only sold 3) AND LOST MONEY ! Anyway, I told her that the average person wouldn't know in a million years that this is fake, and guess what, I'm an average person. Not a distributer or even a major retailer. How about you idiot big companies go after those companies. You are trying to get $450 bucks out of a guy who doesn't make that in a week and owns nothing. Luckily I have a Lawyer friend that is going to contact them tomorrow (April 1st 2008) So I will have more information.
I believe ebay is the worst offender for allowing it, because your listing goes through, and the makers of these items have ruined the retail market. But to go after a guy who sells 9 or 3 of these and makes no money but pocket change, They are friggen crazy. I'll be back with my details. Good Luck
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Old Apr 12th, 2008, 01:46 AM   #4
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Default re: Cease and desist letter from Adidas America, Inc.

Has there been any progress against Adidas? I recieved the sam letter for only selling 1 (one) jersey that Adidas claims is fake. Please any insight would be nice because they are saying the same thing to me, that they want $450, all my merchandise and for me never to sell their product on ebay again. Please this is BS for selling one jersey. What are the chances that they actually take legal action?
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Old Jun 3rd, 2008, 10:46 AM   #5
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Default re: Cease and desist letter from Adidas America, Inc.

Has anyone gotten anywhere further on this issue? I just received a letter from them via email along the same lines.

What happened for everyone else???
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Old Jun 3rd, 2008, 12:01 PM   #6
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Default re: Cease and desist letter from Adidas America, Inc.

Does anyone have additional information on this? I just received the same thing.

Thanks!!
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Old Jun 4th, 2008, 01:27 AM   #7
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Default re: Cease and desist letter from Adidas America, Inc.

I'm an ebay seller(sell powertools not jerseys), I've heard of several other jersey sellers on Ebay who've received the same letter from Adidas. Just curious if anyone had any info on that topic. Did Adidas go through with the lawsuit or sent follow up letters to try to collect their money? Did anyone contact Adidas refusing tp pay the demanded amount?
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Old Jun 4th, 2008, 08:36 AM   #8
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Default re: Cease and desist letter from Adidas America, Inc.

Quote:
Originally Posted by Unregistered View Post
I'm an ebay seller(sell powertools not jerseys), I've heard of several other jersey sellers on Ebay who've received the same letter from Adidas. Just curious if anyone had any info on that topic. Did Adidas go through with the lawsuit or sent follow up letters to try to collect their money? Did anyone contact Adidas refusing tp pay the demanded amount?
I responded to the letter (via email) but have heard nothing back.
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Old Jun 4th, 2008, 01:58 PM   #9
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Default re: Cease and desist letter from Adidas America, Inc.

Did you send the money they were asking for?
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Old Jun 4th, 2008, 02:40 PM   #10
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Default re: Cease and desist letter from Adidas America, Inc.

received the same letter this morning. Bought several jerseys at a yard sale, thought I got an amazing deal, then wanted to make a few bucks on EBay. Then BOOM this BS happens out of nowhere. I see some of you are in the same situation. But I haven't read anything as far as how everyone is handling this or what's happened since everyone got that first notice from Adidas attorney. Any updates would be appreciated. Also, did anyone sell jerseys in New York or to anyone in NY, since that's where the firm is located.
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