Legal Question in Intellectual Property in California

Unknowing sold counterfeit items

I bought about 40 NFL jerseys from a website who advertised and swore to me that they were authentic and I have documentation to prove that. I sold them on Ebay over a 12 day period. I was then served with a ''cease and desist'' order from the lawyers for Adidas/Reebok. They demanded that I stop, sign a paper saying that ''I sold illegal merchandise'' and pay them $450. I responded with a letter explaining to them what happened and told them where I got the items and that it was an honest mistake and gave them plenty of proof. There was obviously no criminal intent and this was an anomaly. I had no clue about jerseys and believed the merchant. They responded by demanding that I sign their statement and pay them. I don't mind paying, but I don't want to sign a statement saying I committed a crime because I never knowingly sold anything illegal. Am I liable even though the person who sold them to me claimed they were authentic? If I sign that statement, will they try to prosecute me? Can this become a criminal matter or just civil? How can I get them to leave me alone without incriminating myself?


Asked on 9/27/08, 5:48 am

1 Answer from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Unknowing sold counterfeit items

I'm going to start with the fact that you say you don't mind paying and skip any analysis of whether you should have to and that you can sue the guy that sold the items to you. Sometimes, as a practical matter, its easier and less expensive to just "buy your peace" than fight something and it sounds like you've already made that decision. As to the other questions (e.g. not criminal, further action, etc.), all of these things can be addressed with a decent settlement agreement. An attorney can help you draft one for a nominal amount and it would say that you're not admitting anything but just being practical in settling this without spending a bunch of money in court, that no further action will be taken, and that the agreement represents the end of the matter forever forward into eternity. (Of course, it will say it in legal language and with reference to specific CA code sections, etc., which is why you should cal a local attorney rather than trying to write it yourself).

Read more
Answered on 9/27/08, 11:36 am


Related Questions & Answers

More Intellectual Property questions and answers in California