Legal Question in Intellectual Property in Kentucky

I purchased NFL jerseys from a website (tradetang.com) they were advertised as authentic and were around $22 each - I bought a total of 5, 2 for myself (family) and the other I was going to sell. These were listed on ebay - and within hours the listing was removed due to 'fraudulent' items. I later received an email and letter indicating to forfeit the merchandise, tell them where they were purchased and pay a fine of $375 for damanges to adidas International inc.

I quickly communicated back that I would send them the items - I mailed them the jerseys (all 5) and supplied the invoice from where I purchased them, details on the website, etc - I did not however, pay the fine they imposed on me. I communicated that they were purchased as authentic, I had NO idea they were not, they looked just like other items listed for sale so I had no reason to believe they were fake. I am out the money for the jerseys - $150 and priority shipping of the merchandise ($15). They replied back that the matter is not closed until they receive the $375 payment.

Should I just cut my losses, pay this fine and move on? It just doens't seem right, this was not done to cause harm, it was not intentional - but that may not matter.

Thank you for your time to review this question.


Asked on 10/04/10, 7:35 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any franchise attorney or trademark attorney will say these kind of cases are becoming more and more common. Know as trademark infringement-dilution, etc. the issue is whether the act happened, not intent or lack of knowledge. Whether they will waste time and resources pursing you is one factor. You can always try to negotiate the $375 down. You can also try recouping your losses from the original vendor. These kinds of cases are highly fact dependent so you should consult an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/10/10, 7:26 am


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