Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

This is a discussion on Final Notice to Cease And Desist -- Brand Name Jewelry, eBay within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; Hi, I sold 150pcs brand name jewelry (USA) (price around $10-$30) on Ebay last few months. I stop selling after ...

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Old Apr 26th, 2011, 07:43 PM   #1
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Red Face Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

Hi, I sold 150pcs brand name jewelry (USA) (price around $10-$30) on Ebay last few months. I stop selling after Ebay send me a notice cause I need authorized letter from the company. I ignore the 1st notice of cease & desist, Now I received the 2nd email call 'final notice to cease & desist' from the jewelry company. They ask me to answer those question... Whats the total quality I sold? Where I sell those items? Provide the supplier name & contact information. They said if i am not reply letter by hand writing with track mail. They will prosecuting in federal court. I bought those item from China & supplier said its not counterfeit. May I know what can I do now? or just ignore the notice. I am thinking i'm from away from USA, if they really want prosecuting me. They cost a lot. Hope someone can help me. Thanks a lot !
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Old Apr 27th, 2011, 12:13 AM   #2
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Default re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

I wish to inform you that you can inform eBay that you have bought from China. In this regard a lawsuit can be filed against you if some agreement or law has been violated and as by selling on eBay there does not appear to be in violation of law so you may not be prosecuted. You may ask from eBay as to the basis of their statement about lawsuit and under violation of which law eBay intends to file a lawsuit. .

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Old Apr 27th, 2011, 06:07 AM   #3
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Default re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

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Originally Posted by AFFA View Post
I wish to inform you that you can inform eBay that you have bought from China. In this regard a lawsuit can be filed against you if some agreement or law has been violated and as by selling on eBay there does not appear to be in violation of law so you may not be prosecuted. You may ask from eBay as to the basis of their statement about lawsuit and under violation of which law eBay intends to file a lawsuit. .

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Hi, Thanks your reply. Actually not the Ebay send me the Cease And Desist. Is the jewelly company send me the Cease And Desist. They said I am selling counterfeit items ! Am I in trouble? I have to sign the letter and write down all information to send it back ? I'm international seller & outside USA. Will them prosecuted me ?
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Old Apr 27th, 2011, 08:19 AM   #4
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Default re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

Hi...I received a letter also. I am in the USA and everything I purchased was sold to me as authentic, but they said I have sold counterfeit items. I am not sure what to do. They also want my sales records, inventory and suppliers. I think this is with the same company...Lia Sophia. I am not sure if I need to get an attorney or not. Anybody else receive this and have any suggestions???
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Old May 9th, 2011, 12:15 PM   #5
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Default re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

I just received one of these letters too, also from Lia Sophia. Unsure how to proceed. We definitely intend to compy and have removed all listings/stopped selling... just not sure how much additional info we're required to provide at this stage. We want to cooperate, but not inadvertently self-incriminate.
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Old May 9th, 2011, 01:17 PM   #6
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Default re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

Stop sell and ignore the letter.
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Old May 23rd, 2011, 06:04 PM   #7
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Confused Re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

I got this letter too, it seems they are trying to banned all the online sellers. I just want to know is there anything you've do to reply their mail?

I don't think it's a good idea to sign any document, it's just like admit what we do is illegal. isn't it right?
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Old May 23rd, 2011, 10:03 PM   #8
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Default Re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

Normally ceasing any sales and ignoring them works just fine.

Been there...
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Old May 25th, 2011, 11:36 AM   #9
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Unhappy Re: Final Notice to Cease And Desist -- Brand Name Jewelry, eBay

Thank you for your reply, and i got a letter (same content with the email they have sent me) by USPS from this company, and i was asked to sign to approve the delivery.

Did anyone contact with them? I don't think i will give them any reply.
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Old Jun 12th, 2011, 02:06 PM   #10
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I just got the letter from Lia Sophia too. They want me to sign something that says I read their cease and desist demand (sent Certified Mail). I am to return all my LS merchandise in my possession. Also to rat out the supplier where I got the stuff. Threatening me with Federal Court if I don't comply.
I had 2 earrings listed.
Don't know what to do. My instinct is to ignore the letter and never sell Lia Sophia again.
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